(a) Qualification. To determine qualification as a surviving spouse as used in the retirement plans established by the Charter, and provided all other Charter requirements are met, surviving spouse shall mean and include: (1) a surviving wife or a surviving husband whose marriage is valid or recognized under the laws of California; or (2) a surviving member of a same-sex couple who married each other in another jurisdiction on or after November 5, 2008 and whose marriage would be valid under the laws of the jurisdiction in which the marriage was contracted, but is not valid or recognized by the laws of California; or (3) a surviving domestic partner under Charter Section A8.500-2 and Chapter 62 of the Administrative Code.
(b) Termination. No person who is receiving a surviving spouse benefit under the retirement plans established by the Charter shall continue to be eligible to receive such benefit if he or she: (1) marries or remarries; or (2) enters into a same-sex marriage in another jurisdiction on or after November 5, 2008 and said marriage would be valid under the laws of the jurisdiction in which the marriage was contracted but is not valid or recognized under the laws of California; or (3) enters into a domestic partnership, civil union or other similar relationship under Charter Section A8.500-2 and Chapter 62 of the Administrative Code.
(Added by Ord. 51-10, File No. 091370, App. 3/19/2010)
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