Retirement Bd. of the City and County of San Francisco v. Butler CA1/2

INTRODUCTION

The Retirement Board (Retirement Board) of the City and County of San Francisco (City) filed an interpleader action with respect to $102,663.16 death benefits payable under the San Francisco Employees‘ Retirement System (SFERS) account for its deceased employee, Johnnie David Byrd (decedent). Decedent‘s son, Johnnie David Byrd III, appeals from a judgment of the City and County of San Francisco Superior Court determining that Marie Kolb Butler, decedent‘s designated beneficiary and former domestic partner under the City Charter and City Administrative Code, was entitled to those retirement benefits. We shall affirm the judgment.

BACKGROUND

Decedent was an employee of the City and a member of the SFERS at all relevant times. Respondent and decedent registered with the City as domestic partners in March

1 2008, pursuant to Chapter 62 of the San Francisco Administrative Code. On August 19, 2008, decedent executed a ―Change of Beneficiary Active Member‖ form, changing the beneficiary of his SFERS death benefits from appellant to respondent, with appellant listed as a contingent beneficiary in the event respondent did not survive the decedent. In the change of…