The Teachers' Retirement Law establishes certain retirement benefits and procedures for the administration of those benefits to retired public schoolteachers and other persons formerly employed in connection with the schools, as specified. Existing law requires that certain documents relating to benefits under that retirement system be signed, as specified. This bill would require that, for an application or document requiring a signature, that signature be in a form prescribed by the retirement system, including on paper or made by electronic means. Existing law authorizes a retired member, disabled member, or beneficiary to specify that monthly benefit payments be disbursed by direct deposit, direct mail to a financial or other institution, or by mailing to a payment address provided by the retired member, disabled member, or beneficiary. Existing law requires a member or beneficiary to whom a lump-sum payment or benefit is to be disbursed to specify the mailing address for the payment. This bill would apply the above provisions relating to the method of receiving benefit payments and the mailing address for lump-sum payments to a member, nonmember spouse, or beneficiary. The bill would provide that a member, nonmember spouse, or beneficiary to whom a lump-sum payment or benefit is to be disbursed, and who is receiving payment for an ongoing benefit by electronic funds transfer, may have the lump-sum payment disbursed by electronic funds transfer to the financial institution on file for payment of the ongoing benefit. The bill would require the retirement system to make available an electronic copy of the benefit payment information to any member, nonmember spouse, or beneficiary who receives a monthly benefit payment. The bill would also require the retirement system to send a copy of the benefit payment information to any member, nonmember spouse, or beneficiary when there is an adjustment in the allowance, or a change in any amount deducted from the allowance. Existing law requires the Teachers' Retirement Board to send a copy of the benefit payment information to any retired member, disabled member, or beneficiary who has payments transmitted by direct deposit or by mail to a financial institution, unless the board has received a written request from that person not to send a copy of the information. This bill would delete the provision that requires the Teachers' Retirement Board to send a copy of the benefit payment information to any retired member, disabled member, or beneficiary who has payments transmitted by direct deposit or by mail to a financial institution. The bill would instead require the board to notify the member, nonmember spouse, or beneficiary that he or she has the right to request that a copy of the benefit payment information be mailed. The bill would require the board to send a copy of the benefit payment information if the system has received a written request from that person.
Sponsored bills
The California Constitution prohibits the Legislature from authorizing lotteries, but allows the Legislature to authorize private, nonprofit, eligible organizations to conduct raffles, as specified. Existing statutory law generally regulates raffles conducted by eligible organizations for beneficial or charitable purposes. Existing law prohibits a raffle from being advertised over the Internet. This bill would delete the prohibition on advertising a raffle over the Internet and would set forth specified information regarding a raffle that may be included on an Internet Web site.
This measure would declare the week of June 29 through July 5, 2009, Yellow Ribbon Week to show support for military families and for troops fighting in Iraq and Afghanistan.
This measure would acknowledge the history of the Chinese in California, recognize the contributions made to the State of California by Chinese Americans and Chinese immigrants, and express regret for past discriminatory laws and constitutional provisions which resulted in the persecution of Chinese living in California.
This measure would proclaim the month of May 2009 as Motorcycle Awareness Month.
This measure would designate that January 19, 2009, be observed as the official memorial of the late Rev. Dr. Martin Luther King, Jr.'s birth, and commemorate Dr. Martin Luther King, Jr. Day, the work of Dr. Martin Luther King, Jr., and the Civil Rights Movement in changing public policy in California and in the United States of America.
This measure would recognize February 2009 as Black History Month, urge all citizens to join in celebrating the accomplishments of African Americans during Black History Month, and encourage the people of California to recognize the many talents, achievements, and contributions that African Americans make to their communities.
This measure would recognize the weeks of February 22 through February 28, 2009, and February 21 through February 27, 2010, as Eating Disorders Awareness Week and would encourage citizens and policymakers to learn more about eating disorders and the obstacles to treatment, and to help people overcome and prevent these life-threatening diseases.
(1) Under existing law, a client of a lawyer has a privilege to refuse to disclose, and to prevent another from disclosing, a confidential communication between the client and lawyer if the privilege is claimed by the holder of the privilege, a person who is authorized to claim the privilege by the holder, or the person who was the lawyer at the time of the confidential communication. However, the lawyer may not claim the privilege if there is no holder of the privilege in existence or if he or she is otherwise instructed by a person authorized to permit disclosure. "Holder of the privilege" is defined for purposes of these provisions to include the client, a guardian or conservator of the client, the personal representative of the client if the client is dead, and a successor, assign, trustee in dissolution, or any similar representative of a firm, association, organization, partnership, business trust, corporation, or public entity that is no longer in existence. This bill would clarify that the personal representative of a client that is dead, and who is appointed for purposes of subsequent estate administration pursuant to the provisions described in (3) below, is a holder of the privilege. (2) Under existing law, there is no lawyer-client privilege as to a communication relevant to an issue between parties all of whom claim through a deceased client, regardless of whether the claims are by testate or intestate succession or by inter vivos transaction. This bill would clarify that this exception also applies when any of the parties claims under a nonprobate transfer. (3) Under existing law, if subsequent administration of an estate is necessary after the personal representative has been discharged either because other property is discovered, or disclosure is sought of a communication that is deemed privileged in the absence of a waiver by a personal representative, as specified, or because it becomes necessary or proper for any other cause, the court is required to appoint as personal representative the person entitled to appointment and to give notice of the hearing of the appointment to the person who served as personal representative at the time of the order of discharge and to other interested persons, as specified. Existing law requires the appointed personal representative to be a holder of the decedent's lawyer-client privilege, as specified. This bill would delete the requirement that the appointed personal representative be a holder of the decedent's lawyer-client privilege. The bill also would delete the requirement that the court perform these functions when subsequent administration of an estate is necessary after the personal representative has been discharged because disclosure is sought of a communication that is deemed privileged in the absence of a waiver by a personal representative.