SB 1405 California Senate · 2025-2026 Regular Session

Unclaimed personal property: employee benefit plan distributions.

Summary
Under existing law, employee benefit plan distributions and any income or other increment thereon escheats to the state if the owner has not, within 3 years after it becomes payable or distributable, accepted the distribution, corresponded in writing concerning the distribution, or otherwise indicated an interest as evidenced by a memorandum or other record on file with the fiduciary of the trust or custodial fund or administrator of the plan under which the trust or fund is established. Existing law provides for an exception to escheatment if, at the time the distribution becomes payable to a participant in an employee benefit plan, the plan contains a provision for forfeiture or expressly authorizes the administrator to declare a forfeiture of a distribution to a beneficiary who cannot be found after a period of time specified in the plan, as specified. This bill would establish, as an additional condition for the above exception to apply, the requirement that the distribution have been subject to a forfeiture that has not been reversed by the plan. This bill would also provide that to the extent a court determines the above provisions to be inoperative, preempted, or otherwise limited, in whole or in part, by the federal Employee Retirement Income Security Act of 1974, or any other federal law, the above provisions will be operative in the manner and to the extent allowed pursuant to any federal statute, regulations, or guidance governing this matter that are adopted by the United States Department of Labor. The bill would also provide that if the Controller finds it necessary, the Controller may enter into a multistate collaborative agreement or other contract for the purpose of ensuring that any property delivered to this state that may be subject to the above provisions regarding employee benefit plan distributions complies with federal law.
Bill status passed both 4 of 5 stages cleared
Introduction
Feb 2026
Committee Review
Aug 2026
Senate Passage
May 2026
Assembly Passage
Aug 2026
Governor
Introduced Feb 20, 2026 Last action Aug 21, 2026
Maddy AI version diff · 4 comparisons

What changed between versions

08/19/26 - Enrolled SB1405 · 1 edit
MINOR
No substantive policy changes between these two versions. The difference is purely presentational: the first version is the formal enrolled bill document with signatures and page numbers, while the second is a web-based rendering from the California Legislature website with navigation elements, status tracking, and different formatting. The actual statutory text of Section 1521 is identical in both.
TECHNICAL

The bill text was reformatted from a formal enrolled document (with signatures, page numbers, and certification language) into a web-based presentation format with navigation menus, search tools, status history, and metadata. No changes to the substantive legal provisions.

Floor votes · Senate May 7, 2026 · Assembly Aug 17, 2026

How they voted

360
Passed · 4 other
Total votes 40
May 7, 2026
D Democratic30
29 Yea 1
96% Yea
R Republican10
7 Yea 3
70% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
23
Key actions
9
Committee
8
Amendments
2
Aug 18, 2026
Upper · Passed
In Senate. Ordered to engrossing and enrolling.
upper
Aug 17, 2026
Lower · Passed
Read third time. Passed. Ordered to the Senate.
lower
Aug 5, 2026
Lower · Passed
From committee: Do pass. Ordered to consent calendar. (Ayes 15. Noes 0.) (August 5).
lower
Jun 23, 2026
Lower · Passed
From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 12. Noes 0.) (June 23). Re-referred to Com. on APPR.
lower
May 18, 2026
Committee
Referred to Com. on JUD.
lower
May 7, 2026
Upper · Passed
Read third time. Passed. (Ayes 36. Noes 0. Page 4167.) Ordered to the Assembly.
upper
May 4, 2026
Upper · Passed
From committee: Be ordered to second reading pursuant to Senate Rule 28.8 and ordered to consent calendar.
upper
Apr 22, 2026
Upper · Passed
From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 13. Noes 0. Page 3980.) (April 21). Re-referred to Com. on APPR.
upper
Apr 13, 2026
Upper · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
upper
Apr 8, 2026
Committee
Re-referred to Com. on JUD.
upper
Mar 24, 2026
Upper · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.
upper
Mar 4, 2026
Committee
Referred to Com. on RLS.
upper
Feb 20, 2026
Introduced
Introduced. To Com. on RLS. for assignment. To print.
upper
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Lola Smallwood-Cuevas
Lola Smallwood-Cuevas
DDemocratic
CA
28