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H.B. 221

             1     

RETIREMENT OFFICE AMENDMENTS

             2     
1999 GENERAL SESSION

             3     
STATE OF UTAH

             4     
Sponsor: Raymond W. Short

             5      AN ACT RELATING TO PENSIONS; PERMITTING EMPLOYER PARTICIPATION IN
             6      REDEPOSITS OF CONTRIBUTIONS; ESTABLISHING THE INTEREST RATE PAYABLE
             7      ON REFUNDS, WITHDRAWALS, AND DELINQUENT CONTRIBUTIONS; AMENDING
             8      THE DEFINITION OF REGULAR FULL-TIME EMPLOYEE FOR CREDIT ACCRUAL
             9      PURPOSES; CORRECTING PUBLIC SAFETY DEATH BENEFIT TERMINOLOGY;
             10      ENSURING INSURANCE PREMIUM FUNDING FOR THE FIREFIGHTERS' RETIREMENT
             11      SYSTEM; DEFINING LEGISLATIVE AND GOVERNOR ELIGIBILITY REQUIREMENTS
             12      FOR RECEIPT OF A PENSION; ALLOWING THE BOARD TO MANAGE CAFETERIA OR
             13      OTHER PROGRAMS; AMENDING THE DEFINITION OF DISABILITY; CLARIFYING
             14      DISABILITY PROGRAM ENROLLMENT CONDITIONS; DETERMINING ELIGIBILITY TO
             15      RECEIVE A DISABILITY BENEFIT UNDER CERTAIN CONDITIONS; MAKING
             16      TECHNICAL CORRECTIONS; AND PROVIDING AN EFFECTIVE DATE.
             17      This act affects sections of Utah Code Annotated 1953 as follows:
             18      AMENDS:
             19          49-1-503, as last amended by Chapter 157, Laws of Utah 1992
             20          49-1-504, as enacted by Chapter 1, Laws of Utah 1987
             21          49-2-103, as last amended by Chapter 31, Laws of Utah 1997
             22          49-2-401, as last amended by Chapter 231, Laws of Utah 1996
             23          49-3-103, as last amended by Chapter 31, Laws of Utah 1997
             24          49-3-401, as last amended by Chapters 231, Laws of Utah 1996
             25          49-4-401, as last amended by Chapter 231, Laws of Utah 1996
             26          49-4-703, as last amended by Chapter 90, Laws of Utah 1994
             27          49-4a-401, as last amended by Chapter 231, Laws of Utah 1996


             28          49-4a-703, as last amended by Chapter 90, Laws of Utah 1994
             29          49-5-301, as last amended by Chapter 101, Laws of Utah 1993
             30          49-5-401, as last amended by Chapter 231, Laws of Utah 1996
             31          49-6-401, as last amended by Chapter 231, Laws of Utah 1996
             32          49-6a-401, as enacted by Chapter 356, Laws of Utah 1997
             33          49-7-401, as last amended by Chapter 197, Laws of Utah 1995
             34          49-8-102, as enacted by Chapter 1, Laws of Utah 1987
             35          49-8-103, as enacted by Chapter 1, Laws of Utah 1987
             36          49-9-103, as last amended by Chapter 79, Laws of Utah 1996
             37          49-9-401, as last amended by Chapter 267, Laws of Utah 1998
             38          49-9-403, as last amended by Chapter 197, Laws of Utah 1995
             39      Be it enacted by the Legislature of the state of Utah:
             40          Section 1. Section 49-1-503 is amended to read:
             41           49-1-503. Redeposits of refunds -- Time period.
             42          (1) A member of any system who withdraws accumulated contributions upon a previous
             43      termination of employment and who returns to covered employment in a status prerequisite for
             44      membership may redeposit or the member's employer may redeposit the accumulated contributions
             45      withdrawn, together with interest charged from the date of refund through the month of payment,
             46      at rates compounded annually under Section 49-1-504 . If a redeposit is made, service credit shall
             47      be restored and credited to the same retirement system from which the refund was taken providing
             48      that the total redeposit is made prior to retirement.
             49          (2) A member may redeposit a previous refund and interest charges in one lump sum or
             50      may redeposit the refund amount and interest charges in monthly installments by payroll deduction
             51      in a time period determined by the executive director.
             52          Section 2. Section 49-1-504 is amended to read:
             53           49-1-504. Rate of interest on redeposits, withdrawals, and delinquent contributions.
             54          The rate of interest charged on redeposits of refunds, withdrawals, or delinquent
             55      contributions is [equal to] the greater of:
             56          (1) the average rate of the effective yield for the previous five years, rounded off to the
             57      nearest whole or quarter percent rate, which has been earned by the Utah State Retirement
             58      Investment Fund at the end of each preceding calendar year, as determined by the executive


             59      director and approved by the board[.]; or
             60          (2) the actuarial interest rate as of the preceding June 30.
             61          Section 3. Section 49-2-103 is amended to read:
             62           49-2-103. Definitions.
             63          As used in this chapter:
             64          (1) "Appointive officer" means an employee appointed to a position for a definite and
             65      fixed term of office by official and duly recorded action of the governing body of an employing
             66      unit who earns $500 or more per month over a 12-month period adjusted annually by the Bureau
             67      of Labor Statistics Consumer Price Index.
             68          (2) (a) "Compensation," "salary," or "wages" means the total amount of payments made
             69      by an employer to an employee for services rendered to the employer, including:
             70          (i) bonuses;
             71          (ii) cost-of-living adjustments;
             72          (iii) other payments currently includable in gross income and that are subject to Social
             73      Security deductions, including any payments in excess of the maximum amount subject to
             74      deduction under Social Security law; and
             75          (iv) amounts that the employee authorizes to be deducted or reduced for salary deferral or
             76      other benefit programs authorized by federal law.
             77          (b) "Compensation" for purposes of this chapter may not exceed the amount allowed under
             78      Internal Revenue Code Section 401(a)(17).
             79          (c) "Compensation," "salary," or "wages" does not include:
             80          (i) the monetary value of remuneration paid in kind, such as a residence or use of
             81      equipment;
             82          (ii) all contributions made by an employer under any plan for the benefit of a participant;
             83          (iii) salary paid to an employee working under the minimum number of hours required for
             84      membership;
             85          (iv) salary paid to a temporary or exempt employee;
             86          (v) any payments upon termination, including accumulated vacation, sick leave payments,
             87      or any other special payments; or
             88          (vi) uniform, travel, or similar allowances.
             89          (3) "Educational institution" means a political subdivision or instrumentality of the state


             90      or a combination thereof primarily engaged in educational activities or the administration or
             91      servicing of educational activities, including:
             92          (a) the State Board of Education and its instrumentalities;
             93          (b) any institution of higher learning and its branches;
             94          (c) any school district and its instrumentalities;
             95          (d) any vocational and technical school; and
             96          (e) any entity arising out of a consolidation agreement between entities under this
             97      definition.
             98          (4) (a) "Employee" or "regular employee" means any regular full-time employee whose
             99      term of employment for an employer contemplates continued employment during a calendar or
             100      school year and who performs covered service for one or more employers.
             101          (b) "Employee" or "regular employee" means an officer, elective or appointive, who
             102      receives as compensation from an employer $500 or more per month over a 12-month period
             103      adjusted annually by the Bureau of Labor Statistics Consumer Price Index.
             104          (5) "Employer" or "employing unit" means any department, educational institution,
             105      political subdivision, or organization or agency financed in whole or in part by public funds for
             106      which any employee or member performs services subject to this chapter.
             107          (6) "Final average salary" means the amount computed by averaging the highest five years
             108      of annual compensation preceding retirement subject to Subsections (6)(a), (b), (c), and (d).
             109          (a) Except as provided in Subsection (6)(b), the percentage increase in annual
             110      compensation in any one of the years used may not exceed the previous year's salary by more than
             111      10% plus a cost-of-living adjustment equal to the decrease in the purchasing power of the dollar
             112      during the previous year, as measured by the Consumer Price Index prepared by the United States
             113      Bureau of Labor Statistics.
             114          (b) In cases where the employing unit provides acceptable documentation to the board, the
             115      limitation in Subsection (6)(a) may be exceeded if:
             116          (i) the member has transferred from another employing unit; or
             117          (ii) the member has been promoted to a new position.
             118          (c) If the member retires more than six months from the date of termination of employment
             119      and for purposes of computing the member's final average salary only, the member is considered
             120      to have been in service at the member's last salary rate from the date of the termination of


             121      employment to the date retirement becomes effective if the member so requests.
             122          (d) If participating service is less than five years, final average salary means the average
             123      annual compensation paid to the member during the full period of participating service.
             124          (7) "Normal retirement age" means the age of 65 years.
             125          (8) "Organization or agency financed in whole or in part by public funds" means an
             126      agency, association, or organization that receives public funds. The term does not include political
             127      subdivisions, departments, or educational institutions.
             128          (9) "Public funds" means those funds derived, either directly or indirectly, from public
             129      taxes or public revenue, dues or contributions paid or donated by the membership of the
             130      organization, used to finance an activity whose objective is to improve, on a nonprofit basis, the
             131      governmental, educational, and social programs and systems of the state or its political
             132      subdivisions.
             133          (10) (a) "Regular full-time employee," in qualifying for membership [in the] and accrual
             134      of service credit under this system, means an employee whose employment normally requires an
             135      average of 20 hours or more per week, except as modified by the board, and who receives benefits
             136      normally provided by the employing unit.
             137          (b) "Regular full-time employee" includes a teacher who teaches half-time or more, or a
             138      classified school employee who works an average of 20 hours per week or more, regardless of
             139      benefits provided.
             140          (11) "Years of service" or "service years" means:
             141          (a) the number of periods, each to consist of 12 full months as determined by the board;
             142          (b) a period determined by the board, whether consecutive or not, during which an
             143      employee performed services for an employer or employers, including any time the employee
             144      rendered service in the armed forces of the United States before membership in the system or was
             145      absent on a paid leave of absence granted by an employer or absent in the service of the United
             146      States government on military duty as provided by this chapter; or
             147          (c) for a teacher, school administrator, or other contract employee of an educational
             148      institution, not less than eight months of full-time service constitutes a service year.
             149          Section 4. Section 49-2-401 is amended to read:
             150           49-2-401. Eligibility for service retirement -- Date of retirement -- Qualifications.
             151          (1) (a) Any member who qualifies for service retirement may retire by [applying in


             152      writing] submitting to the retirement office [stating] an application form notarized by a notary
             153      public. The application shall state the proposed effective date of retirement, which may not be
             154      more than 90 days before or after the date of application.
             155          (b) The effective date shall be the 1st or 16th day of the month, as selected by the member,
             156      but must be after the last day of actual work.
             157          (c) The member shall actually terminate employment and provide evidence of termination.
             158          (2) The member is qualified to retire upon termination of services on or before the
             159      effective date of retirement if one of the following requirements on that date is met:
             160          (a) the member has been credited with at least four years of service and has attained an age
             161      of 65 years or more;
             162          (b) the member has been credited with at least ten years of service and has attained an age
             163      of 62 years or more;
             164          (c) the member has been credited with at least 20 years of service and has attained an age
             165      of 60 years or more; or
             166          (d) the member has been credited with at least 30 years of service.
             167          Section 5. Section 49-3-103 is amended to read:
             168           49-3-103. Definitions.
             169          As used in this chapter:
             170          (1) "Appointive officer" means an employee appointed to a position for a definite and
             171      fixed term of office by official and duly recorded action of the governing body of an employing
             172      unit and who earns $500 or more per month over a 12-month period adjusted by the Bureau of
             173      Labor Statistics Consumer Price Index.
             174          (2) (a) "Compensation," "salary," or "wages" means the total amount of payments made
             175      by an employer to an employee for services rendered to the employer, including:
             176          (i) bonuses;
             177          (ii) cost-of-living adjustments;
             178          (iii) other payments currently includable in gross income and that are subject to Social
             179      Security deductions, including any payments in excess of the maximum amount subject to
             180      deduction under Social Security law; and
             181          (iv) amounts that the employee authorizes to be deducted or reduced for salary deferral or
             182      other benefit programs authorized by federal law.


             183          (b) "Compensation" for purposes of this chapter may not exceed the amount allowed under
             184      Internal Revenue Code Section 401(a)(17).
             185          (c) "Compensation," "salary," or "wages" does not include:
             186          (i) the monetary value of remuneration paid in kind, such as a residence or use of
             187      equipment;
             188          (ii) all contributions made by an employer under any plan for the benefit of a participant;
             189          (iii) salary paid to an employee working under the minimum number of hours required for
             190      membership;
             191          (iv) salary paid to a temporary or exempt employee;
             192          (v) any payments upon termination, including accumulated lump-sum vacation, sick leave
             193      payments, or any other special payments; or
             194          (vi) uniform, travel, or similar allowances.
             195          (3) "Educational institution" means a political subdivision or instrumentality of the state
             196      or a combination thereof primarily engaged in educational activities or the administration or
             197      servicing of educational activities, including:
             198          (a) the State Board of Education and its instrumentalities;
             199          (b) any institution of higher learning and its branches;
             200          (c) any school district and its instrumentalities;
             201          (d) any vocational and technical school; and
             202          (e) any entity arising out of a consolidation agreement between entities under this
             203      definition.
             204          (4) "Effective date" of the noncontributory system means 12:01 a.m., July 1, 1986.
             205          (5) (a) "Employee" or "regular employee" means any regular full-time employee whose
             206      term of employment for an employer contemplates continued employment during a calendar or
             207      school year and who performs covered service for one or more employers.
             208          (b) "Employee" or "regular employee" means an officer, elective or appointive, who
             209      receives as compensation from an employer $500 or more per month over a 12-month period
             210      adjusted by the Bureau of Labor Statistics Consumer Price Index.
             211          (6) "Employer" or "employing unit" means any department, educational institution,
             212      political subdivision, or eligible organization, or agency financed in whole or in part by public
             213      funds for which any employee or member performs services subject to this chapter.


             214          (7) "Final average salary" means the amount computed by averaging the highest three years
             215      of annual compensation preceding retirement subject to Subsections (7)(a), (b), and (c).
             216          (a) Except as provided in Subsection (7)(b), the percentage increase in annual
             217      compensation in any one of the years used may not exceed the previous year's salary by more than
             218      10% plus a cost-of-living adjustment equal to the decrease in the purchasing power of the dollar
             219      during the previous year, as measured by the Consumer Price Index prepared by the United States
             220      Bureau of Labor Statistics.
             221          (b) In cases where the employing unit provides acceptable documentation to the board, the
             222      limitation in Subsection (a) may be exceeded if:
             223          (i) the member has transferred from another employing unit; or
             224          (ii) the member has been promoted to a new position.
             225          (c) If the member retires more than six months from the date of termination of employment
             226      and for purposes of computing the member's final average salary only, the member is considered
             227      to have been in service at his last salary rate from the date of the termination of employment to the
             228      date retirement becomes effective if the member so requests.
             229          (8) "Normal retirement age" means the age of 65 years.
             230          (9) "Organization or agency financed in whole or in part by public funds" means an
             231      agency, association, or organization that receives public funds. The term does not include political
             232      subdivisions, departments, or educational institutions.
             233          (10) "Public funds" means those funds derived, either directly or indirectly, from public
             234      taxes or public revenue, dues, or contributions paid or donated by the membership of the
             235      organization used to finance an activity whose objective is to improve, on a nonprofit basis, the
             236      governmental, educational, and social programs and systems of the state or its political
             237      subdivisions.
             238          (11) (a) "Regular full-time employee," in qualifying for membership [in the] and accrual
             239      of service credit under this system, means an employee whose employment normally requires an
             240      average of 20 hours or more per week, except as modified by the board, and who receives benefits
             241      normally provided by the employing unit.
             242          (b) "Regular full-time employee" includes a teacher who teaches half-time or more or a
             243      classified school employee who works an average of 20 hours per week or more, regardless of
             244      benefits provided.


             245          (12) "Years of service" or "service years" means:
             246          (a) the number of periods, each to consist of 12 full months as determined by the board;
             247          (b) a period determined by the board, whether consecutive or not, during which an
             248      employee performed services for an employer or employers, including any time the employee
             249      rendered service in the armed forces of the United States before membership in the system or was
             250      absent on a paid leave of absence granted by an employer or absent in the service of the United
             251      States government on military duty as provided by this chapter; or
             252          (c) for a teacher, school administrator, or other contract employee of an educational
             253      institution, not less than eight months of full-time service constitutes a service year.
             254          Section 6. Section 49-3-401 is amended to read:
             255           49-3-401. Eligibility for service retirement -- Date of retirement -- Qualifications.
             256          (1) (a) Any member who qualifies for service retirement may retire by [applying in
             257      writing] submitting to the retirement office [stating] an application form notarized by a notary
             258      public. The application shall state the proposed effective date of retirement, which may not be
             259      more than 90 days before or after the date of application.
             260          (b) The effective date shall be the 1st or 16th day of the month, as selected by the member,
             261      but must be after the last day of actual work.
             262          (c) The member shall actually terminate employment and provide evidence of termination.
             263          (2) The member is qualified to retire upon termination of services on or before the
             264      effective date of retirement if one of the following requirements on that date is met:
             265          (a) the member has been credited with at least four years of service and has attained an age
             266      of 65 years or more;
             267          (b) the member has been credited with at least ten years of service and has attained an age
             268      of 62 years or more;
             269          (c) the member has been credited with at least 20 years of service and has attained an age
             270      of 60 years or more;
             271          (d) the member has been credited with at least 30 years of service; or
             272          (e) the member is credited with at least 25 years of service, in which case the member shall
             273      be subject to the reduction set out under Subsection 49-3-402 (2)(b).
             274          Section 7. Section 49-4-401 is amended to read:
             275           49-4-401. Eligibility for service retirement -- Date of retirement -- Qualifications.


             276          (1) (a) Any member who qualifies for service retirement may retire by [applying in
             277      writing] submitting to the retirement office [stating] an application form notarized by a notary
             278      public. The application shall state the proposed effective date of retirement, which may not be
             279      more than 90 days before or after the date of application.
             280          (b) The effective date shall be the 1st or 16th day of the month, as selected by the member,
             281      but must be after the last day of actual work.
             282          (c) The member shall actually terminate employment and provide evidence of termination.
             283          (2) The member is qualified to retire upon termination of services on or before the
             284      effective date of retirement if one of the following requirements on that date is met:
             285          (a) the member has been credited with at least 20 years of service;
             286          (b) the member has been credited with at least ten years of service and has attained an age
             287      of 60 years or more; or
             288          (c) the member has been credited with at least four years of service and has attained an age
             289      of 65 years or more.
             290          Section 8. Section 49-4-703 is amended to read:
             291           49-4-703. Death of active or inactive member having no spouse or minor children
             292      as beneficiary -- Benefits payable to widow on death of inactive member.
             293          (1) The death benefit payable on behalf of an active or an inactive member who dies and
             294      has no spouse or minor children as a beneficiary is 100% of the deceased member's contributions
             295      or $500, whichever amount is larger.
             296          (2) (a) The death benefit payable on behalf of an inactive member who dies and is survived
             297      by a spouse to whom that member was married at the time of death is a monthly pension if that
             298      member had 20 or more years of public safety service at the time of [retirement from public safety
             299      employment] death.
             300          (b) The pension payable to the spouse is 50% of the amount the member would have
             301      received had retirement occurred on the first of the month in which death occurred, the benefit
             302      being based upon years of service and final average salary under Section 49-4-402 , reduced
             303      actuarially from age 50 to the age at death if the member is under age 50 at the time of death.
             304          (3) The death benefit payable upon the death of an inactive member who has less than 20
             305      years of public safety service and who leaves a spouse or minor children as the beneficiary is a
             306      100% refund of the deceased member's contributions or $500, whichever is larger.


             307          Section 9. Section 49-4a-401 is amended to read:
             308           49-4a-401. Eligibility for service retirement -- Date of retirement -- Qualifications.
             309          (1) (a) Any member who qualifies for service retirement may retire by [applying in
             310      writing] submitting to the retirement office [stating] an application form notarized by a notary
             311      public. The application shall state the proposed effective date of retirement, which may not be
             312      more than 90 days before or after the date of application.
             313          (b) The effective date shall be the 1st or 16th day of the month, as selected by the member,
             314      but must be after the last day of actual work.
             315          (c) The member shall actually terminate employment and provide evidence of termination.
             316          (2) The member is qualified to retire upon termination of services on or before the
             317      effective date of retirement if one of the following requirements on that date is met:
             318          (a) the member has been credited with at least 20 years of service;
             319          (b) the member has been credited with at least ten years of service and has attained an age
             320      of 60 years or more; or
             321          (c) the member has been credited with at least four years of service and has attained an age
             322      of 65 years or more.
             323          Section 10. Section 49-4a-703 is amended to read:
             324           49-4a-703. Death of active or inactive member having no spouse or minor children
             325      as beneficiary -- Benefits payable to widow on death of inactive member.
             326          (1) The death benefit payable on behalf of an active or an inactive member who dies and
             327      has no spouse or minor children as a beneficiary is 100% of the deceased member's contributions
             328      or $500, whichever amount is greater.
             329          (2) (a) The death benefit payable on behalf of an inactive member who dies and is survived
             330      by a spouse to whom that member was married at the time of death is a monthly pension if that
             331      member had 20 or more years of public safety service at the time of [retirement from public safety
             332      employment] death.
             333          (b) The pension payable to the spouse is 50% of the amount the member would have
             334      received had retirement occurred on the first of the month in which death occurred, the benefit
             335      being based upon years of service and final average salary under Section 49-4a-402 , reduced
             336      actuarially from age 50 to the age at death if the member is under age 50 at the time of death.
             337          (3) The death benefit payable upon the death of an inactive member who has less than 20


             338      years of public safety service and who leaves a spouse or minor children as the beneficiary is a
             339      100% refund of the deceased member's contributions or $500, whichever is greater.
             340          Section 11. Section 49-5-301 is amended to read:
             341           49-5-301. Contributions of members.
             342          (1) The system shall be maintained on a financially and actuarially sound basis by means
             343      of contributions made by the state, the employing units, and the active members of the system. For
             344      purposes of determining contribution rates and benefits, the system is divided into two divisions
             345      according to social security coverage. Firefighters with on-the-job social security coverage are
             346      Division A, and firefighters without on-the-job social security coverage are Division B.
             347          (2) Any city, town, special district, or county may elect to pay all or part of its members'
             348      required contributions, in addition to the required employer contributions. Any amount contributed
             349      by a city, town, or county under this subsection shall vest to the member's credit as though the
             350      member had made the contribution. The member's required contribution shall be reduced by the
             351      amount that is paid by the employer.
             352          (3) All contributions are credited to the account of the individual and held in trust for the
             353      payment of benefits to the member or the member's beneficiaries. All member contributions are
             354      100% vested and nonforfeitable.
             355          (4) Each member is [deemed] considered to consent to monthly deductions. The payment
             356      of compensation less retirement payroll deductions is considered to be full payment of the salary
             357      of the employee.
             358          (5) The board shall report to the governor, the Legislature, and each employing unit under
             359      Division A or B the contribution rates and any adjustments necessary to maintain the system on
             360      a financially and actuarially sound basis, and the employer and employee shall pay the certified
             361      contribution rates.
             362          (6) In addition, there shall be paid to the Firefighters' Retirement Trust Fund:
             363          (a) 50% of the annual tax for each year that is levied, assessed, and collected under Title
             364      59, Chapter 9, Taxation of Admitted Insurers, upon property insurance premiums, as defined by
             365      Subsection 31A-1-301 (67), and as applied to fire and allied lines insurance collected by insurance
             366      companies within the state; and
             367          (b) 10% of all money assessed and collected under Title 59, Chapter 9, Taxation of
             368      Admitted Insurers, upon life insurance premiums within the state. Payments to the fund shall be


             369      made annually until the [prior] service liability is liquidated, after which the tax revenue provided
             370      in this subsection for the Firefighters' Retirement Trust Fund ceases.
             371          Section 12. Section 49-5-401 is amended to read:
             372           49-5-401. Eligibility for service retirement -- Date of retirement -- Qualifications.
             373          (1) (a) Any member who qualifies for service retirement may retire by [applying in
             374      writing] submitting to the retirement office [stating] an application form notarized by a notary
             375      public. The application shall state the proposed effective date of retirement, which may not be
             376      more than 90 days before or after the date of application.
             377          (b) The effective date shall be the 1st or 16th day of the month, as selected by the member,
             378      but must follow the last day of actual work.
             379          (c) The member shall actually terminate employment and provide evidence of termination.
             380          (2) The member is qualified to retire upon termination of service on or before the effective
             381      date of retirement if one of the following requirements on that date is met:
             382          (a) the member is credited with at least 20 years of service;
             383          (b) the member is credited with at least ten years of service and is 60 years of age or more;
             384      or
             385          (c) the member is credited with at least four years of service and is 65 years of age or more.
             386          Section 13. Section 49-6-401 is amended to read:
             387           49-6-401. Eligibility for service retirement -- Date of retirement -- Qualifications.
             388          (1) (a) Any judge who qualifies for service retirement may retire by [applying in writing]
             389      submitting to the retirement office [stating] an application form notarized by a notary public. The
             390      application shall state the proposed effective date of retirement, which may not be more than 90
             391      days before or after the date of application.
             392          (b) The effective date shall be the 1st or 16th day of the month, as selected by the member,
             393      but must be after the last day of actual work.
             394          (c) The member shall actually terminate employment and provide evidence of termination.
             395          (2) The member is qualified to retire upon termination of services on or before the
             396      effective date of retirement if one of the following requirements on that date is met:
             397          (a) the member has been credited with at least six years of service and has attained an age
             398      of 70 years or more;
             399          (b) the member has been credited with at least ten years of service and has attained an age


             400      of 62 years or more;
             401          (c) the member has been credited with at least 20 years of service and has attained an age
             402      of 55 years or more; or
             403          (d) the member has been credited with at least 25 years of service.
             404          Section 14. Section 49-6a-401 is amended to read:
             405           49-6a-401. Eligibility for service retirement -- Date of retirement -- Qualifications.
             406          (1) (a) Any judge who qualifies for service retirement may retire by [applying in writing]
             407      submitting to the retirement office [stating] an application form notarized by a notary public. The
             408      application shall state the proposed effective date of retirement, which may not be more than 90
             409      days before or after the date of application.
             410          (b) The effective date shall be the 1st or 16th day of the month, as selected by the member,
             411      but must be after the last day of actual work.
             412          (c) The member shall actually terminate employment and provide evidence of termination.
             413          (2) The member is qualified to retire upon termination of services on or before the
             414      effective date of retirement if one of the following requirements on that date is met:
             415          (a) the member has been credited with at least six years of service and has attained an age
             416      of 70 years or more;
             417          (b) the member has been credited with at least ten years of service and has attained an age
             418      of 62 years or more;
             419          (c) the member has been credited with at least 20 years of service and has attained an age
             420      of 55 years or more; or
             421          (d) the member has been credited with at least 25 years of service.
             422          Section 15. Section 49-7-401 is amended to read:
             423           49-7-401. Eligibility for retirement benefit -- Governor -- Legislator.
             424          (1) Upon reaching age 65, each former governor of Utah is eligible, upon application, to
             425      receive a lifetime monthly pension of $500 per month if the governor has served one term, or
             426      $1,000 per month if the governor has served two or more terms. Payments under this lifetime
             427      pension cease during any period that a former governor holds an office of profit or trust with the
             428      government of United States, this state, or a political subdivision of the state paying more than the
             429      retirant is entitled to receive per month under this section.
             430          (2) Upon reaching age 65, and upon application, a legislative pension shall be paid to a


             431      member who has four or more years of service as a legislator in the Utah Legislature. The pension
             432      is $10 per month for each year of service as a member of the Legislature. If the retired member
             433      is elected to another term in the Legislature or continues to serve in the Legislature after reaching
             434      age 65, the legislative allowance ceases at the beginning of each session under rules established
             435      by the board, but is restored at the same amount at the end of the session. Members receiving an
             436      allowance while serving as legislators are eligible for additional service credits and allowance
             437      adjustments at the end of each two-year term of office if they continue as contributing members
             438      during their service as legislators.
             439          (3) A member [of a system administered by the board] who is eligible for a pension under
             440      this section, may apply for an allowance at age 62, if the member has ten or more years of service
             441      credit, and receive a reduced allowance [as provided under the system which covers the member].
             442          (4) The allowance provided for former governors, legislators, and their beneficiaries shall
             443      include any normal retirement benefits accrued in any system administered by the board by reason
             444      of their contributions and service as a governor or legislator in the system. A withdrawal of
             445      contributions by a governor, legislator, or legislative employee shall forfeit all pensions and
             446      allowances provided under this chapter.
             447          Section 16. Section 49-8-102 is amended to read:
             448           49-8-102. Purpose.
             449          The purpose of this chapter is to provide a mechanism whereby the state, its educational
             450      institutions, and political subdivisions may provide their employees with group health, dental,
             451      medical, disability, [and] life insurance, cafeteria, and other programs in the most efficient and
             452      economical manner.
             453          Section 17. Section 49-8-103 is amended to read:
             454           49-8-103. Definitions.
             455          As used in this chapter, "employee group benefit plans" means any group health, dental,
             456      medical, disability, [or] life insurance, cafeteria, or other program for employees administered by
             457      the board and approved by the Legislature.
             458          Section 18. Section 49-9-103 is amended to read:
             459           49-9-103. Definitions.
             460           (1) "Date of disability" means the date on which a period of continuous disability
             461      commences, and may not commence on or before the last day of actual work.


             462          (2) "Educational institution" means a political subdivision or an instrumentality of a
             463      political subdivision, an instrumentality of the state, or any combination of these entities, which
             464      is primarily engaged in educational activities or the administration or servicing of educational
             465      activities. The term includes, but is not limited to, the State Board of Education and any
             466      instrumentality of the State Board of Education, institutions of higher education and their branches,
             467      school districts, and vocational and technical schools.
             468          (3) "Elimination period" means the three months at the beginning of each continuous
             469      period of total disability for which no benefit will be paid and commences with the date of
             470      disability.
             471          (4) "Employee" means any regular full-time employee of an employer who participates in
             472      any system administered by the board, except those employees exempt from coverage under
             473      Section 49-9-102 .
             474          (5) "Maximum benefit period" means the maximum period of time the monthly disability
             475      income benefit will be paid for any continuous period of total disability.
             476          (6) "Medically determinable impairment" means an impairment that results from
             477      anatomical, physiological, or psychological abnormalities which can be shown by medically
             478      acceptable clinical and laboratory diagnostic techniques. A physical or mental impairment must
             479      be established by medical evidence consisting of signs, symptoms, and laboratory findings, not
             480      only by the individual's statement of symptoms.
             481          [(6)] (7) "Physician" means a legally qualified physician.
             482          [(7)] (8) "Rehabilitative employment" means any board-approved occupation or
             483      employment for wage or profit, for which the employee is reasonably qualified by education,
             484      training, or experience, in which the employee engages while unable to perform his occupation as
             485      a result of injury or illness.
             486          [(8)] (9) "Total disability" means the complete inability, due to [injury or illness] medically
             487      determinable physical or mental impairment which can be expected to result in death or which has
             488      lasted or can be expected to last for a continuous period of not less than 12 months, to engage in
             489      the employee's regular occupation during the elimination period and the first 24 months of
             490      disability benefits. Thereafter, "total disability" means the complete inability, based solely on
             491      medically determinable physical impairment, to engage in any gainful occupation which is
             492      reasonable, considering the employee's education, training, and experience. "Total disability"


             493      exists only if during any period of "total disability" the employee is under the regular care of a
             494      physician other than the employee.
             495          Section 19. Section 49-9-401 is amended to read:
             496           49-9-401. Disability benefits -- Proof required -- Eligibility.
             497          (1) Upon receipt of proof by the board from the employer that an employee has become
             498      totally disabled as a result of:
             499          (a) accidental bodily injury which is the sole cause of disability and is sustained while this
             500      chapter is in force;
             501          (b) disease or illness causing total disability commencing while this chapter is in force; or
             502          (c) physical injury resulting from external force or violence as a result of the performance
             503      of duty, the fund will pay to the employee a monthly disability benefit for each month the total
             504      disability continues beyond the elimination period, not to exceed the maximum benefit period.
             505          (2) Successive periods of disability which: (a) result from the same or related causes, (b)
             506      are separated by less than six months of continuous full-time work at the individual's usual place
             507      of employment, and (c) commence while the individual is an employee covered by this chapter,
             508      shall be considered as a single period of disability. The inability to work for a period less than 15
             509      consecutive days may not be considered as a period of disability. Otherwise, successive periods
             510      of disability shall be considered as separate periods of disability.
             511          (3) The board may, at any time, have any employee claiming disability examined by a
             512      physician chosen by the board to determine if the employee is disabled, and if so, the extent of the
             513      disability.
             514          (4) (a) Except as provided in Subsection (4)(b), any claim brought by an employee for
             515      long-term disability benefits under the Public Employee's Disability Program is barred if it is not
             516      commenced within one year from the employee's date of disability.
             517          (b) If an employee fails to commence a claim for long-term disability benefits within the
             518      time limitations prescribed by Subsection (4)(a), the board may permit an employee to commence
             519      a claim for long-term disability benefits if the employee demonstrates that under the surrounding
             520      facts and circumstances the employee's failure to comply with the time limitations was reasonable.
             521          (5) Benefits for disability based primarily on psychopathy shall be determined in
             522      accordance with Section 49-9-406 .
             523          (6) Medial or psychological conditions which existed prior to enrollment shall not be a


             524      basis for disability benefits until the employee has had one year of continuous enrollment in the
             525      Public Employees Long-Term Disability Program.
             526          Section 20. Section 49-9-403 is amended to read:
             527           49-9-403. Termination of disability benefits -- Calculation of retirement benefit.
             528          (1) Any member, including an employee who relinquishes rights to retirement benefits
             529      pursuant to Section 49-1-405 , who applies and is qualified for disability benefits shall receive a
             530      disability allowance until the earlier of:
             531          (a) the date the member or employee who relinquishes rights to retirement benefits has
             532      accumulated:
             533          (i) 20 years of service credit if the member is covered by Chapters 4 or 4a, Public Safety
             534      Retirement and Noncontributory Retirement Acts;
             535          (ii) 25 years if the member is covered by Chapter 6, Judges' Retirement Act; or
             536          (iii) 30 years if the member is covered by Chapters 2 or 3, Public Employees' Retirement
             537      and Noncontributory Retirement Acts; or
             538          (b) the member has received disability benefits for the following applicable time periods:
             539          (i) if the member is under age 60, the disability allowance is payable until age 65;
             540          (ii) if the member is 60-61, the disability allowance is payable for five years;
             541          (iii) if the member is 62-63, the disability allowance is payable for four years;
             542          (iv) if the member is 64-65, the disability allowance is payable for three years;
             543          (v) if the member is 66-68, the disability allowance is payable for two years; and
             544          (vi) if the member is age 69 or older, the disability benefit is payable for one year.
             545          (2) Upon termination of disability benefits, the disabled employee shall retire under the
             546      retirement system which covered the employee at the time of disability. The final average salary
             547      used in the calculation of the retirement benefit shall be based on the annual rate of pay at the time
             548      of disability, improved by the annual cost-of-living increase factor applied to retired participants
             549      in the system which covered the employee at the time of disability. Retirement credit shall accrue
             550      during the period of disability unless the disabled employee is exempted from the system.
             551          (3) An employee who is in a position covered by a system administered by the board, but
             552      has relinquished rights to retirement benefits pursuant to Section 49-1-405 , may receive the benefit
             553      the employee would have received by full participation in the system covering the employee on
             554      the date of disability, except for the accrual of service credit, in accordance with this title.


             555          (4) An employee receiving disability benefits who has years of service credit from two or
             556      more systems or plans administered by the board may not combine these credits under Section
             557      49-1-406 in determining eligibility for retirement, unless the employee would receive a greater
             558      retirement benefit by combining such credits.
             559          Section 21. Effective date.
             560          If approved by two-thirds of all the members elected to each house, this act takes effect
             561      upon approval by the governor, or the day following the constitutional time limit of Utah
             562      Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto, the
             563      date of veto override.




Legislative Review Note
    as of 1-7-99 12:26 PM


A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel


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