No Domestic Partnership Prior To Death, No Survivor Benefits.

On a Saturday morning, two people completed a notarized declaration of domestic partnership. That afternoon, one of them died. The following Monday, the survivor filed the declaration with the Office of Secretary of State. Thereafter, the survivor applied for the decedent’s state pension survivor benefits. The administrative board of the state pension system ruled the survivor was entitled to the benefits. The decedent’s children challenged the decision in superior court, and the trial court granted their writ because there was no domestic partnership at the time of the death. The survivor appealed, and the appellate court affirmed the trial court’s decision.  Burnham v. California Public Employees’ Retirement System (Honeyman) (Cal. App. Third Dist.; August 31, 2012) 208 Cal.App.4th 1576.