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H.B. 224 Enrolled

                 

FIREFIGHTER RETIREMENT SYSTEMS

                 
1999 GENERAL SESSION

                 
STATE OF UTAH

                 
Sponsor: Joseph G. Murray

                  AN ACT RELATING TO RETIREMENT; AMENDING CERTAIN DEATH BENEFIT
                  PROVISIONS.
                  This act affects sections of Utah Code Annotated 1953 as follows:
                  AMENDS:
                      49-5-701, as last amended by Chapters 51 and 285, Laws of Utah 1990
                  Be it enacted by the Legislature of the state of Utah:
                      Section 1. Section 49-5-701 is amended to read:
                       49-5-701. Death of active member in Division A -- Payment of benefits.
                      If an active member of the system enrolled in Division A dies, the following benefits are
                  payable:
                      (1) (a) [If] Except as provided in Subsection (1)(b), if death is classified as line-of-duty,
                  the dependent spouse receives a lump sum of $1,500 and a monthly allowance equal to 30% of the
                  deceased member's final average monthly salary.
                      (b) If the member has 20 or more years of service credit, the member shall be considered
                  to have retired with a monthly allowance calculated under Subsection 49-5-402 (1) and the
                  dependent spouse shall receive the death benefit payable to a dependent spouse under Section
                  49-5-704 .
                      (2) If death is not classified as line-of-duty, the benefit is as follows:
                      (a) If the member has less than ten years of service credit at the time of death, the
                  member's beneficiary receives $1,000 or a refund of contributions, whichever is greater.
                      (b) If the member has ten or more years of service credit the dependent spouse receives
                  $500 plus a monthly allowance equal to 2% of the final average monthly salary of the deceased
                  member for each year of service credit with a maximum of 30% allowed.
                      (3) In the event of the death of the member and there is no spouse, the spouse's benefit
                  shall be equally divided and paid to each unmarried child until the child reaches age 21.


                      (4) If the benefit is not distributed under this section, and there is a beneficiary, the vested
                  contribution shall be paid to the beneficiary.

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