Senator Alvin B. Jackson proposes the following substitute bill:


1     
LINE-OF-DUTY DEATH BENEFITS FOR PEACE

2     
OFFICERS AND FIREFIGHTERS

3     
2015 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Paul Ray

6     
Senate Sponsor: Alvin B. Jackson

7     

8     LONG TITLE
9     General Description:
10          This bill modifies the Utah State Retirement and Insurance Benefit Act and the Public
11     Safety Code by amending death benefits provisions.
12     Highlighted Provisions:
13          This bill:
14          ▸     defines terms;
15          ▸     amends line-of-duty lump sum benefit amounts for public safety officers and
16     firefighters;
17          ▸     provides an exception to restrictions from changing Tier II benefits in certain
18     circumstances;
19          ▸     requires an employer to provide certain health coverage for the surviving spouse
20     and children of a peace officer or firefighter who dies in the line of duty under
21     certain circumstances;
22          ▸     allows employers to enter cost-sharing agreements to participate in a trust fund;
23          ▸     requires certain reporting;
24          ▸     allows certain rulemaking;
25          ▸     creates the Local Public Safety and Firefighter Surviving Spouse Trust Fund and

26     board and establishes board duties;
27          ▸     requires an employer to provide assistance for applying for a death benefit to a
28     surviving spouse of a public safety officer or firefighter; and
29          ▸     makes technical changes.
30     Money Appropriated in this Bill:
31          None
32     Other Special Clauses:
33          This bill provides a special effective date.
34     Utah Code Sections Affected:
35     AMENDS:
36          49-14-501, as last amended by Laws of Utah 2014, Chapter 15
37          49-14-502, as last amended by Laws of Utah 2011, Chapters 366 and 439
38          49-15-501, as last amended by Laws of Utah 2014, Chapter 15
39          49-15-502, as last amended by Laws of Utah 2011, Chapters 366 and 439
40          49-16-501, as last amended by Laws of Utah 2011, Chapter 439
41          49-16-502, as last amended by Laws of Utah 2011, Chapters 366 and 439
42          49-23-301, as last amended by Laws of Utah 2011, Chapter 439
43          49-23-503, as last amended by Laws of Utah 2014, Chapter 15
44     ENACTS:
45          53-17-101, Utah Code Annotated 1953
46          53-17-102, Utah Code Annotated 1953
47          53-17-201, Utah Code Annotated 1953
48          53-17-301, Utah Code Annotated 1953
49          53-17-401, Utah Code Annotated 1953
50          53-17-402, Utah Code Annotated 1953
51          53-17-501, Utah Code Annotated 1953
52     

53     Be it enacted by the Legislature of the state of Utah:
54          Section 1. Section 49-14-501 is amended to read:
55          49-14-501. Death of active member in Division A -- Payment of benefits.
56          (1) If an active member of this system enrolled in Division A under Section 49-14-301

57     dies, benefits are payable as follows:
58          (a) If the death is classified by the office as a line-of-duty death, the spouse at the time
59     of death shall receive a lump sum [of $1,000] equal to six months of the active member's final
60     average salary and an allowance equal to 30% of the deceased member's final average monthly
61     salary.
62          (b) If the death is not classified by the office as a line-of-duty death, benefits are
63     payable as follows:
64          (i) If the member has accrued less than 10 years of public safety service credit, the
65     beneficiary shall receive the sum of $1,000 or a refund of the member's member contributions,
66     whichever is greater.
67          (ii) If the member has accrued 10 or more years of public safety service credit at the
68     time of death, the spouse at the time of death shall receive the sum of $500, plus an allowance
69     equal to 2% of the member's final average monthly salary for each year of service credit
70     accrued by the member up to a maximum of 30% of the member's final average monthly salary.
71          (2) Except as provided under Subsection (1)(b)(i), benefits are not payable to minor
72     children of members covered under Division A.
73          (3) If a benefit is not distributed under this section, and the member has designated a
74     beneficiary, the member's member contributions shall be paid to the beneficiary.
75          (4) (a) A spouse who requests a benefit under this section shall apply in writing to the
76     office.
77          (b) The allowance shall begin on the first day of the month following the month in
78     which the:
79          (i) member died, if the application is received by the office within 90 days of the
80     member's death; or
81          (ii) application is received by the office, if the application is received by the office
82     more than 90 days after the member's death.
83          Section 2. Section 49-14-502 is amended to read:
84          49-14-502. Death of active member in Division B -- Payment of benefits.
85          (1) If an active member of this system enrolled in Division B under Section 49-14-301
86     dies, benefits are payable as follows:
87          (a) If the death is classified by the office as a line-of-duty death, the spouse at the time

88     of death shall receive:
89          (i) a lump sum [of $1,500] equal to six months of the active member's final average
90     salary; and
91          (ii) an allowance equal to 37.5% of the member's final average monthly salary.
92          (b) If the death is not classified by the office as a line-of-duty death, benefits are
93     payable as follows:
94          (i) If the member has accrued two or more years of public safety service credit at the
95     time of death, the death is considered a line-of-duty death and the [benefit shall be paid] spouse
96     at the time of death shall receive:
97          (A) a lump sum of $1,500; and
98          (B) an allowance as provided under Subsection (1)(a)(ii).
99          (ii) If the member has accrued less than two years of public safety service credit at the
100     time of death, the spouse at the time of death shall receive a refund of the member's member
101     contributions, plus 50% of the member's most recent 12 months' compensation.
102          (c) (i) If the member has accrued two or more years of public safety service credit at
103     the time of death, each of the member's unmarried children to age 18 or dependent unmarried
104     children with a mental or physical disability shall receive a monthly allowance of $50.
105          (ii) Payments shall be made to the surviving parent or to a duly appointed guardian, or
106     as otherwise provided under Sections 49-11-609 and 49-11-610.
107          (2) In the event of the death of both parents, the spouse's benefit shall be prorated and
108     paid to each of the member's unmarried children to age 18.
109          (3) If a benefit is not distributed under the previous subsections, and the member has
110     designated a beneficiary, the member's member contributions shall be paid to the beneficiary.
111          (4) The combined annual payments made to the beneficiaries of any member under this
112     section may not exceed 75% of the member's final average monthly salary.
113          (5) (a) A spouse who requests a benefit under this section shall apply in writing to the
114     office.
115          (b) The allowance shall begin on the first day of the month:
116          (i) following the month in which the member died, if the application is received by the
117     office within 90 days of the member's death; or
118          (ii) following the month in which the application is received by the office, if the

119     application is received by the office more than 90 days after the member's death.
120          Section 3. Section 49-15-501 is amended to read:
121          49-15-501. Death of active member in Division A -- Payment of benefits.
122          (1) If an active member of this system enrolled in Division A under Section 49-15-301
123     dies, benefits are payable as follows:
124          (a) If the death is classified by the office as a line-of-duty death, benefits are payable as
125     follows:
126          (i) If the member has accrued less than 20 years of public safety service credit, the
127     spouse at the time of death shall receive a lump sum [of $1,000] equal to six months of the
128     active member's final average salary and an allowance equal to 30% of the member's final
129     average monthly salary.
130          (ii) If the member has accrued 20 or more years of public safety service credit, the
131     member shall be considered to have retired with an allowance calculated under Section
132     49-15-402 and the spouse at the time of death shall receive the death benefit payable to a
133     spouse at the time of death under Section 49-15-504.
134          (b) If the death is not classified as a line-of-duty death by the office, benefits are
135     payable as follows:
136          (i) If the member has accrued less than 10 years of public safety service credit, the
137     beneficiary shall receive the sum of $1,000 or a refund of the member's member contributions,
138     whichever is greater.
139          (ii) If the member has accrued 10 or more years, but less than 20 years of public safety
140     service credit at the time of death, the spouse at the time of death shall receive the sum of $500,
141     plus an allowance equal to 2% of the member's final average monthly salary for each year of
142     service credit accrued by the member up to a maximum of 30% of the member's final average
143     monthly salary.
144          (iii) If the member has accrued 20 or more years of public safety service credit, the
145     benefit shall be calculated as provided in Subsection (1)(a)(ii).
146          (2) Except as provided under Subsection (1)(b)(i), benefits are not payable to minor
147     children under Division A.
148          (3) If a benefit is not distributed under this section, and the member has designated a
149     beneficiary, the member's member contribution shall be paid to the beneficiary.

150          (4) (a) A spouse who requests a benefit under this section shall apply in writing to the
151     office.
152          (b) The allowance shall begin on the first day of the month following the month in
153     which the:
154          (i) member died, if the application is received by the office within 90 days of the
155     member's death; or
156          (ii) application is received by the office, if the application is received by the office
157     more than 90 days after the member's death.
158          Section 4. Section 49-15-502 is amended to read:
159          49-15-502. Death of active member in Division B -- Payment of benefits.
160          (1) If an active member of this system enrolled in Division B under Section 49-15-301
161     dies, benefits are payable as follows:
162          (a) If the death is classified by the office as a line-of-duty death, the spouse at the time
163     of death shall receive:
164          (i) a lump sum [of $1,500] equal to six months of the active member's final average
165     salary; and
166          (ii) an allowance equal to 37.5% of the member's final average monthly salary.
167          (b) If the death is not classified by the office as a line-of-duty death, and the member
168     has accrued two or more years of public safety service credit at the time of death, the death is
169     considered line-of-duty and the [benefit shall be paid] spouse at the time of death shall receive:
170          (i) a lump sum of $1,500; and
171          (ii) an allowance as provided under Subsection (1)(a)(ii).
172          (c) If the death is not classified by the office as a line-of-duty death, and the member
173     has accrued less than two years of public safety service credit at the time of death, the spouse at
174     the time of death shall receive a refund of the member's member contributions, plus 50% of the
175     member's most recent 12 months' compensation.
176          (d) (i) If the member has accrued two or more years of public safety service credit at
177     the time of death, each of the member's unmarried children to age 18 or dependent unmarried
178     children with a mental or physical disability shall receive an allowance of $50.
179          (ii) Payments shall be made to the surviving parent or to a duly appointed guardian, or
180     as otherwise provided under Section 49-11-609 or 49-11-610.

181          (2) In the event of the death of both parents, the spouse's benefit shall be prorated and
182     paid to each of the member's unmarried children to age 18.
183          (3) If a benefit is not distributed under the previous subsections, and the member has
184     designated a beneficiary, the member's member contributions shall be paid to the beneficiary.
185          (4) The combined payments to beneficiaries of any member under this section may not
186     exceed 75% of the member's final average monthly salary.
187          (5) (a) A spouse who requests a benefit under this section shall apply in writing to the
188     office.
189          (b) The allowance shall begin on the first day of the month:
190          (i) following the month in which the member died, if the application is received by the
191     office within 90 days of the member's death; or
192          (ii) following the month in which the application is received by the office, if the
193     application is received by the office more than 90 days after the member's death.
194          Section 5. Section 49-16-501 is amended to read:
195          49-16-501. Death of active member in Division A -- Payment of benefits.
196          (1) If an active member of this system enrolled in Division A under Section 49-16-301
197     dies, benefits are payable as follows:
198          (a) If the death is classified by the office as a line-of-duty death, benefits are payable as
199     follows:
200          (i) If the member has accrued less than 20 years of firefighter service credit, the spouse
201     at the time of death shall receive a lump sum [of $1,500] equal to six months of the active
202     member's final average salary and an allowance equal to 30% of the member's final average
203     monthly salary.
204          (ii) If the member has accrued 20 or more years of firefighter service credit, the
205     member shall be considered to have retired with an allowance calculated under Section
206     49-16-402 and the spouse at the time of death shall receive the death benefit payable to a
207     spouse under Section 49-16-504.
208          (b) If the death is not classified as a line-of-duty death by the office, benefits are
209     payable as follows:
210          (i) If the member has accrued less than 10 years of firefighter service credit, the
211     beneficiary shall receive a sum of $1,000 or a refund of the member's member contributions,

212     whichever is greater.
213          (ii) If the member has accrued 10 or more years of firefighter service credit the spouse
214     at the time of death shall receive a sum of $500, plus an allowance equal to 2% of the member's
215     final average monthly salary for each year of service credit accrued by the member up to a
216     maximum of 30% of the member's final average monthly salary.
217          (2) (a) If the member dies without a current spouse, the spouse's allowance shall be
218     equally divided and paid to each unmarried child until the child reaches age 21.
219          (b) The payment shall be made to a duly appointed guardian or as provided under
220     Sections 49-11-609 and 49-11-610.
221          (3) If the benefit is not distributed under this section, and the member has designated a
222     beneficiary, the member's member contributions shall be paid to the beneficiary.
223          (4) (a) A spouse who requests a benefit under this section shall apply in writing to the
224     office.
225          (b) The allowance shall begin on the first day of the month:
226          (i) following the month in which the member died, if the application is received by the
227     office within 90 days of the member's death; or
228          (ii) following the month in which the application is received by the office, if the
229     application is received by the office more than 90 days after the member's death.
230          Section 6. Section 49-16-502 is amended to read:
231          49-16-502. Death of active member in Division B -- Payment of benefits.
232          (1) If an active member of this system enrolled in Division B under Section 49-16-301
233     dies, benefits are payable as follows:
234          (a) If the death is classified by the office as a line-of-duty death, benefits are payable as
235     follows:
236          (i) If the member has accrued less than 20 years of firefighter service credit, the spouse
237     at the time of death shall receive:
238          (A) a lump sum [of $1,500] equal to six months of the active member's final average
239     salary; and
240          (B) an allowance equal to 37.5% of the member's final average monthly salary.
241          (ii) If the member has accrued 20 or more years of firefighter service credit, the
242     member shall be considered to have retired with an allowance calculated under Section

243     49-16-402 and the spouse at the time of death shall receive the death benefit payable to a
244     spouse under Section 49-16-504.
245          (b) If the death is not classified by the office as a line-of-duty death, the benefits are
246     payable as follows:
247          (i) If the member has accrued five or more years of firefighter service credit, the death
248     is considered line-of-duty and the [same benefits are payable] spouse at time of death shall
249     receive:
250          (A) a lump sum of $1,500; and
251          (B) an allowance as established under Subsection (1)(a)(i)(B).
252          (ii) If the member has accrued less than five years of firefighter service credit, the
253     spouse at the time of death shall receive a refund of the member's contributions, plus 50% of
254     the member's most recent 12 months compensation.
255          (c) If the member has accrued five or more years of firefighter service credit, the
256     member's unmarried children until they reach age 21 or dependent unmarried children with a
257     mental or physical disability, shall receive a monthly allowance of $75.
258          (2) (a) In the event of the death of the member and spouse, the spouse's benefits are
259     equally divided and paid to each unmarried child until the child reaches age 21.
260          (b) The payments shall be made to the surviving parent or duly appointed guardian or
261     as provided under Sections 49-11-609 and 49-11-610.
262          (3) If a benefit is not distributed under the previous subsections, and the member has
263     designated a beneficiary, the member's member contributions shall be paid to the beneficiary.
264          (4) The combined monthly payments made to the beneficiaries of any member under
265     this section may not exceed 75% of the member's final average monthly salary.
266          (5) (a) A spouse who requests a benefit under this section shall apply in writing to the
267     office.
268          (b) The allowance shall begin on the first day of the month:
269          (i) following the month in which the member died, if the application is received by the
270     office within 90 days of the member's death; or
271          (ii) following the month in which the application is received by the office, if the
272     application is received by the office more than 90 days after the member's death.
273          Section 7. Section 49-23-301 is amended to read:

274          49-23-301. Contributions.
275          (1) Participating employers and members shall pay the certified contribution rates to
276     the office to maintain the defined benefit portion of this system on a financially and actuarially
277     sound basis in accordance with Subsection (2).
278          (2) (a) A participating employer shall pay up to 12% of compensation toward the
279     certified contribution rate to the office for the defined benefit portion of this system.
280          (b) A member shall only pay to the office the amount, if any, of the certified
281     contribution rate for the defined benefit portion of this system that exceeds the percent of
282     compensation paid by the participating employer under Subsection (2)(a).
283          (c) In addition to the percent specified under Subsection (2)(a), the participating
284     employer shall pay the corresponding Tier I system amortization rate of the employee's
285     compensation to the office to be applied to the employer's corresponding Tier I system liability.
286          (3) A participating employer may not elect to pay all or part of the required member
287     contributions under Subsection (2)(b), in addition to the required participating employer
288     contributions.
289          (4) (a) A member contribution is credited by the office to the account of the individual
290     member.
291          (b) This amount, together with refund interest, is held in trust for the payment of
292     benefits to the member or the member's beneficiaries.
293          (c) A member contribution is vested and nonforfeitable.
294          (5) (a) Each member is considered to consent to payroll deductions of member
295     contributions.
296          (b) The payment of compensation less these payroll deductions is considered full
297     payment for services rendered by the member.
298          (6) [Benefits] Except as provided under Subsection (7), benefits provided under the
299     defined benefit portion of the Tier II hybrid retirement system created under this part:
300          (a) may not be increased unless the actuarial funded ratios of all systems under this title
301     reach 100%; and
302          (b) may be decreased only in accordance with the provisions of Section 49-23-309.
303          (7) The Legislature authorizes an increase to the death benefit provided to a Tier II
304     public safety service employee or firefighter member's surviving spouse at the time of death

305     effective on May 12, 2015, as provided in Section 49-23-503.
306          Section 8. Section 49-23-503 is amended to read:
307          49-23-503. Death of active member in line of duty -- Payment of benefits.
308          If an active member of this system dies, benefits are payable as follows:
309          (1) If the death is classified by the office as a line-of-duty death, benefits are payable as
310     follows:
311          (a) If the member has accrued less than 20 years of public safety service or firefighter
312     service credit, the spouse at the time of death shall receive a lump sum [of $1,000] equal to six
313     months of the active member's final average salary and an allowance equal to 30% of the
314     member's final average monthly salary.
315          (b) If the member has accrued 20 or more years of public safety service or firefighter
316     service credit, the member shall be considered to have retired with an Option One allowance
317     calculated without an actuarial reduction under Section 49-23-304 and the spouse at the time of
318     death shall receive the allowance that would have been payable to the member.
319          (2) (a) A volunteer firefighter is eligible for a line-of-duty death benefit under this
320     section if the death results from external force, violence, or disease directly resulting from
321     firefighter service.
322          (b) The lowest monthly compensation of firefighters of a city of the first class in this
323     state at the time of death shall be considered to be the final average monthly salary of a
324     volunteer firefighter for purposes of computing these benefits.
325          (c) Each volunteer fire department shall maintain a current roll of all volunteer
326     firefighters which meet the requirements of Subsection 49-23-102(12) to determine the
327     eligibility for this benefit.
328          (3) (a) If the death is classified as a line-of-duty death by the office, death benefits are
329     payable under this section and the spouse at the time of death is not eligible for benefits under
330     Section 49-23-502.
331          (b) If the death is not classified as a line-of-duty death by the office, benefits are
332     payable in accordance with Section 49-23-502.
333          (4) (a) A spouse who qualifies for a monthly benefit under this section shall apply in
334     writing to the office.
335          (b) The allowance shall begin on the first day of the month following the month in

336     which the:
337          (i) member or participant died, if the application is received by the office within 90
338     days of the date of death of the member or participant; or
339          (ii) application is received by the office, if the application is received by the office
340     more than 90 days after the date of death of the member or participant.
341          Section 9. Section 53-17-101 is enacted to read:
342     
CHAPTER 17. PUBLIC SAFETY OFFICER AND FIREFIGHTER

343     
LINE-OF-DUTY DEATH ACT

344     
Part 1. General Provisions

345          53-17-101. Title.
346          This chapter is known as the "Public Safety Officer and Firefighter Line-of-Duty Death
347     Act."
348          Section 10. Section 53-17-102 is enacted to read:
349          53-17-102. Definitions.
350          As used in this chapter:
351          (1) "Board" means Local Public Safety and Firefighter Surviving Spouse Trust Fund
352     Board of Trustees created in Section 53-17-402.
353          (2) "Child" or "children" means a child of a member, including a stepchild and a
354     legally adopted child who is under the age of 26.
355          (3) "Employer" means a law enforcement agency or other state or local government
356     agency that:
357          (a) is a participating employer as defined in Section 49-11-102; and
358          (b) employs one or more public safety service employees or firefighter service
359     employees who are eligible to earn service credit in a Utah Retirement System under Title 49,
360     Utah State Retirement and Insurance Benefit Act.
361          (4) "Member" means the same as that term is defined in Section 49-11-102.
362          (5) "Trust Fund" means the Local Public Safety and Firefighter Surviving Spouse Trust
363     Fund created in Section 53-17-301.
364          Section 11. Section 53-17-201 is enacted to read:
365     
Part 2. Health Coverage for a Surviving Spouse

366          53-17-201. Surviving spouse and children health coverage for line-of-duty death.

367          (1) (a) Subject to Subsection (1)(b), and in accordance with this section, an employer
368     shall allow the surviving spouse and children of a member whose death is classified by the
369     Utah State Retirement Office as a line-of-duty death under the provisions of Title 49, Utah
370     State Retirement and Insurance Benefit Act, to remain eligible for health coverage under the
371     employer's group health plan as if the surviving spouse was an employee of the employer.
372          (b) (i) The employer shall pay 100% of the premium costs and, if the health coverage is
373     a high-deductible plan, the employer share of any contribution into a health savings account for
374     the surviving spouse and dependent children as described under Subsections (1)(a) and (2), and
375     may not require payment from the surviving spouse for premium costs or health savings
376     account contributions as a condition of qualifying to continue to receive the health coverage.
377          (ii) For the first 24 months after the line-of-duty death, the employer shall pay the
378     amount specified under Subsection (1)(b)(i).
379          (iii) Beginning 25 months after the line-of-duty death, an employer may pay the
380     amount specified under Subsection (1)(b)(i) through a cost-sharing agreement associated with
381     the trust fund created under Section 53-17-301.
382          (2) An employer shall allow a surviving spouse and children to remain eligible to
383     receive health coverage from the employer under this section at the option of the surviving
384     spouse until:
385          (a) the surviving spouse becomes eligible for Medicare; and
386          (b) a child reaches the age of 26.
387          (3) This section does not apply to a member who:
388          (a) does not qualify for a line-of-duty death benefit under the provisions of Title 49,
389     Utah State Retirement and Insurance Benefit Act;
390          (b) at the time of death did not receive or qualify to receive employer group health
391     coverage; or
392          (c) is covered under the provisions of Section 49-20-406.
393          Section 12. Section 53-17-301 is enacted to read:
394     
Part 3. Cost-Sharing Agreements

395          53-17-301. Cost-sharing agreements -- Deadlines -- Terms -- Reports --
396     Rulemaking.
397          (1) An employer may elect until June 30, 2017, to participate in the trust fund by:

398          (a) entering into a cost-sharing agreement with the commissioner under this section;
399     and
400          (b) paying the cost-sharing rate determined by the board.
401          (2) (a) An employer that does not participate in the trust fund by entering into a
402     cost-sharing agreement in accordance with this section, shall pay the full amount required
403     under Subsection 53-17-201(1)(b)(i).
404          (b) Subject to the terms of the cost-sharing agreement, an employer that elects to
405     participate in accordance with this section, and stays current with its payments, shall be
406     considered to have paid the employer's full obligation under Subsection 53-17-201(1)(b)(i).
407          (c) An employer that elects to participate in accordance with this section and that does
408     not stay current with its payments may not be covered from the trust fund for more than the
409     employer's actual contributions to the trust fund, without interest earnings.
410          (3) The commissioner shall:
411          (a) in consultation with the board, establish a form and language for a cost-sharing
412     agreement required to use trust funds in accordance with this section;
413          (b) as directed by the board, assess the annual fee amount established by the board;
414          (c) prepare and submit to the governor and the Legislature, by October 1 of each year,
415     an annual written report of the trust fund, including its balance, expenditures, and revenues,
416     and the operations and activities of the board under this chapter; and
417          (d) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
418     make rules to implement this chapter.
419          Section 13. Section 53-17-401 is enacted to read:
420     
Part 4. Local Public Safety and Firefighter Surviving Spouse Trust Fund

421          53-17-401. Local Public Safety and Firefighter Surviving Spouse Trust Fund.
422          (1) There is created a private purpose trust fund entitled the "Local Public Safety and
423     Firefighter Surviving Spouse Trust Fund."
424          (2) The trust fund consists of:
425          (a) fees established in Subsection 53-17-402(2)(a);
426          (b) appropriations made to the fund by the Legislature, if any;
427          (c) private donations and grants; and
428          (d) other revenue received from other sources.

429          (3) The Department of Public Safety shall account for the receipt and expenditures of
430     trust fund money.
431          (4) The trust fund shall earn interest.
432          (5) The revenue and interest in the account, less actual administrative costs to the
433     department, shall be used to lower fees paid by an employer under Section 53-17-201.
434          (6) The board of trustees created in Section 53-17-402 may expend money from the
435     trust fund for health coverage for a surviving spouse and children under Subsection
436     53-17-201(1)(b)(iii) by paying:
437          (a) (i) premium costs; or
438          (ii) if the health coverage is a high-deductible plan, premium costs and the employer
439     contribution to a health savings account; and
440          (b) reasonable administrative costs that the department and the board of trustees incur
441     in performing their duties for the trust fund.
442          (7) Money deposited into the trust fund is irrevocable and is expended only for the
443     purposes described in this chapter.
444          (8) Assets of the trust fund are dedicated for the purposes established by statute and
445     administrative rule.
446          (9) Creditors of the board of trustees and of employers liable for the benefits paid
447     under this chapter may not seize, attach, or otherwise obtain assets of the trust fund.
448          Section 14. Section 53-17-402 is enacted to read:
449          53-17-402. Local Public Safety and Firefighter Surviving Spouse Trust Fund
450     Board of Trustees -- Quorum -- Duties -- Establish rates.
451          (1) (a) There is created the Local Public Safety and Firefighter Surviving Spouse Trust
452     Fund Board of Trustees composed of four members:
453          (i) the commissioner of public safety or the commissioner's designee;
454          (ii) the executive director of the Governor's Office of Management and Budget or the
455     executive director's designee;
456          (iii) one person representing municipalities, designated by the Utah League of Cities
457     and Towns; and
458          (iv) one person representing counties, designated by the Utah Association of Counties.
459          (b) The commissioner of public safety, or the commissioner's designee, is chair of the

460     board.
461          (c) Three members of the board are a quorum.
462          (d) A member may not receive compensation or benefits for the member's service, but
463     may receive per diem and travel expenses in accordance with:
464          (i) Section 63A-3-106;
465          (ii) Section 63A-3-107; and
466          (iii) rules made by the Division of Finance according to Sections 63A-3-106 and
467     63A-3-107.
468          (e) (i) The Department of Public Safety shall staff the board of trustees.
469          (ii) The department shall provide accounting services for the trust fund.
470          (2) The board shall:
471          (a) establish rates to charge each employer based on the number of public safety
472     service employees and firefighter service employees who are eligible for the health coverage
473     under this chapter;
474          (b) act as trustee of the trust fund and exercise the state's fiduciary responsibilities;
475          (c) meet at least once per year;
476          (d) review and approve all policies, projections, rules, criteria, procedures, forms,
477     standards, performance goals, and actuarial reports;
478          (e) review and approve the budget for the trust fund;
479          (f) review financial records of the trust fund, including trust fund receipts,
480     expenditures, and investments;
481          (g) commission and obtain financial or actuarial studies of the liabilities for the trust
482     fund;
483          (h) calculate and approve administrative expenses of the trust fund; and
484          (i) do any other things necessary to perform the fiduciary obligations under the trust.
485          Section 15. Section 53-17-501 is enacted to read:
486     
Part 5. Death Benefit Assistance

487          53-17-501. Death benefit assistance.
488          (1) An employer shall notify the governor's office of the line-of-duty death of an active
489     member.
490          (2) The governor's office shall ensure that the spouse, at the time of death of the active

491     member, or the beneficiary are provided assistance to understand and apply for any death
492     benefit for which the surviving spouse or beneficiaries may be eligible under this chapter, other
493     Utah law, federal law, or local policy or ordinance.
494          Section 16. Effective date.
495          This bill takes effect on July 1, 2015.