1     
DOMESTIC RELATIONS RETIREMENT SHARES

2     
2016 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Kay L. McIff

5     
Senate Sponsor: Deidre M. Henderson

6     

7     LONG TITLE
8     Committee Note:
9          The Retirement and Independent Entities Interim Committee recommended this bill.
10     General Description:
11          This bill modifies the Utah State Retirement and Insurance Benefit Act by amending
12     certain death benefits.
13     Highlighted Provisions:
14          This bill:
15          ▸     provides that a former spouse of a member who dies before retiring may receive a
16     death benefit in certain circumstances; and
17          ▸     makes technical changes.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          None
22     Utah Code Sections Affected:
23     AMENDS:
24          49-11-102, as last amended by Laws of Utah 2014, Chapter 15
25          49-12-405, as last amended by Laws of Utah 2011, Chapter 439
26          49-13-405, as last amended by Laws of Utah 2011, Chapter 439
27          49-14-501, as last amended by Laws of Utah 2015, Chapter 166

28          49-14-502, as last amended by Laws of Utah 2015, Chapter 166
29          49-14-503, as last amended by Laws of Utah 2011, Chapter 439
30          49-14-504, as last amended by Laws of Utah 2014, Chapter 15
31          49-14-505, as enacted by Laws of Utah 2002, Chapter 250
32          49-14-506, as enacted by Laws of Utah 2003, Chapter 240
33          49-15-501, as last amended by Laws of Utah 2015, Chapter 166
34          49-15-502, as last amended by Laws of Utah 2015, Chapter 166
35          49-15-503, as last amended by Laws of Utah 2011, Chapter 439
36          49-15-504, as last amended by Laws of Utah 2014, Chapter 15
37          49-15-505, as enacted by Laws of Utah 2002, Chapter 250
38          49-15-506, as enacted by Laws of Utah 2003, Chapter 240
39          49-16-501, as last amended by Laws of Utah 2015, Chapter 166
40          49-16-502, as last amended by Laws of Utah 2015, Chapter 166
41          49-16-503, as last amended by Laws of Utah 2011, Chapter 439
42          49-16-504, as last amended by Laws of Utah 2014, Chapter 15
43          49-16-505, as enacted by Laws of Utah 2002, Chapter 250
44          49-16-506, as enacted by Laws of Utah 2002, Chapter 250
45          49-16-507, as enacted by Laws of Utah 2003, Chapter 240
46          49-17-501, as last amended by Laws of Utah 2011, Chapter 439
47          49-17-502, as last amended by Laws of Utah 2014, Chapter 15
48          49-18-501, as last amended by Laws of Utah 2011, Chapter 439
49          49-18-502, as last amended by Laws of Utah 2014, Chapter 15
50          49-19-501, as last amended by Laws of Utah 2011, Chapter 439
51          49-22-502, as last amended by Laws of Utah 2011, Chapter 439
52          49-23-301, as last amended by Laws of Utah 2015, Chapter 166
53          49-23-502, as last amended by Laws of Utah 2011, Chapter 439
54          49-23-503, as last amended by Laws of Utah 2015, Chapters 166, 463, and 463
55     ENACTS:
56          49-14-507, Utah Code Annotated 1953
57          49-15-507, Utah Code Annotated 1953
58          49-16-508, Utah Code Annotated 1953

59          49-17-503, Utah Code Annotated 1953
60          49-18-503, Utah Code Annotated 1953
61          49-19-502, Utah Code Annotated 1953
62     

63     Be it enacted by the Legislature of the state of Utah:
64          Section 1. Section 49-11-102 is amended to read:
65          49-11-102. Definitions.
66          As used in this title:
67          (1) (a) "Active member" means a member who:
68          (i) is employed by a participating employer and accruing service credit; or
69          (ii) within the previous 120 days:
70          (A) has been employed by a participating employer; and
71          (B) accrued service credit.
72          (b) "Active member" does not include a retiree.
73          (2) "Actuarial equivalent" means a benefit of equal value when computed upon the
74     basis of mortality tables as recommended by the actuary and adopted by the executive director,
75     including regular interest.
76          (3) "Actuarial interest rate" means the interest rate as recommended by the actuary and
77     adopted by the board upon which the funding of system costs and benefits are computed.
78          (4) (a) "Agency" means:
79          (i) a department, division, agency, office, authority, commission, board, institution, or
80     hospital of the state;
81          (ii) a county, municipality, school district, local district, or special service district;
82          (iii) a state college or university; or
83          (iv) any other participating employer.
84          (b) "Agency" does not include an entity listed under Subsection (4)(a)(i) that is a
85     subdivision of another entity listed under Subsection (4)(a).
86          (5) "Allowance" or "retirement allowance" means the pension plus the annuity,
87     including any cost of living or other authorized adjustments to the pension and annuity.
88          (6) "Alternate payee" means a member's former spouse or family member eligible to
89     receive payments under a Domestic Relations Order in compliance with Section 49-11-612.

90          (7) "Amortization rate" means the board certified percent of salary required to amortize
91     the unfunded actuarial accrued liability in accordance with policies established by the board
92     upon the advice of the actuary.
93          (8) "Annuity" means monthly payments derived from member contributions.
94          (9) "Appointive officer" means an employee appointed to a position for a definite and
95     fixed term of office by official and duly recorded action of a participating employer whose
96     appointed position is designated in the participating employer's charter, creation document, or
97     similar document, and:
98          (a) who earns $500 or more per month, indexed as of January 1, 1990, as provided in
99     Section 49-12-407 for a Tier I appointive officer; and
100          (b) whose appointive position is full-time as certified by the participating employer for
101     a Tier II appointive officer.
102          (10) (a) "At-will employee" means a person who is employed by a participating
103     employer and:
104          (i) who is not entitled to merit or civil service protection and is generally considered
105     exempt from a participating employer's merit or career service personnel systems;
106          (ii) whose on-going employment status is entirely at the discretion of the person's
107     employer; or
108          (iii) who may be terminated without cause by a designated supervisor, manager, or
109     director.
110          (b) "At-will employee" does not include a career employee who has obtained a
111     reasonable expectation of continued employment based on inclusion in a participating
112     employer's merit system, civil service protection system, or career service personnel systems,
113     policies, or plans.
114          (11) "Beneficiary" means any person entitled to receive a payment under this title
115     through a relationship with or designated by a member, participant, covered individual, or
116     alternate payee of a defined contribution plan.
117          (12) "Board" means the Utah State Retirement Board established under Section
118     49-11-202.
119          (13) "Board member" means a person serving on the Utah State Retirement Board as
120     established under Section 49-11-202.

121          (14) "Certified contribution rate" means the board certified percent of salary paid on
122     behalf of an active member to the office to maintain the system on a financially and actuarially
123     sound basis.
124          (15) "Contributions" means the total amount paid by the participating employer and the
125     member into a system or to the Utah Governors' and Legislators' Retirement Plan under
126     Chapter 19, Utah Governors' and Legislators' Retirement Act.
127          (16) "Council member" means a person serving on the Membership Council
128     established under Section 49-11-202.
129          (17) "Covered individual" means any individual covered under Chapter 20, Public
130     Employees' Benefit and Insurance Program Act.
131          (18) "Current service" means covered service under:
132          (a) Chapter 12, Public Employees' Contributory Retirement Act;
133          (b) Chapter 13, Public Employees' Noncontributory Retirement Act;
134          (c) Chapter 14, Public Safety Contributory Retirement Act;
135          (d) Chapter 15, Public Safety Noncontributory Retirement Act;
136          (e) Chapter 16, Firefighters' Retirement Act;
137          (f) Chapter 17, Judges' Contributory Retirement Act;
138          (g) Chapter 18, Judges' Noncontributory Retirement Act;
139          (h) Chapter 19, Utah Governors' and Legislators' Retirement Act;
140          (i) Chapter 22, New Public Employees' Tier II Contributory Retirement Act; or
141          (j) Chapter 23, New Public Safety and Firefighter Tier II Contributory Retirement Act.
142          (19) "Defined benefit" or "defined benefit plan" or "defined benefit system" means a
143     system or plan offered under this title to provide a specified allowance to a retiree or a retiree's
144     spouse after retirement that is based on a set formula involving one or more of the following
145     factors:
146          (a) years of service;
147          (b) final average monthly salary; or
148          (c) a retirement multiplier.
149          (20) "Defined contribution" or "defined contribution plan" means any defined
150     contribution plan or deferred compensation plan authorized under the Internal Revenue Code
151     and administered by the board.

152          (21) "Educational institution" means a political subdivision or instrumentality of the
153     state or a combination thereof primarily engaged in educational activities or the administration
154     or servicing of educational activities, including:
155          (a) the State Board of Education and its instrumentalities;
156          (b) any institution of higher education and its branches;
157          (c) any school district and its instrumentalities;
158          (d) any vocational and technical school; and
159          (e) any entity arising out of a consolidation agreement between entities described under
160     this Subsection (21).
161          (22) "Elected official":
162          (a) means a person elected to a state office, county office, municipal office, school
163     board or school district office, local district office, or special service district office;
164          (b) includes a person who is appointed to serve an unexpired term of office described
165     under Subsection (22)(a); and
166          (c) does not include a judge or justice who is subject to a retention election under
167     Section 20A-12-201.
168          (23) (a) "Employer" means any department, educational institution, or political
169     subdivision of the state eligible to participate in a government-sponsored retirement system
170     under federal law.
171          (b) "Employer" may also include an agency financed in whole or in part by public
172     funds.
173          (24) "Exempt employee" means an employee working for a participating employer:
174          (a) who is not eligible for service credit under Section 49-12-203, 49-13-203,
175     49-14-203, 49-15-203, or 49-16-203; and
176          (b) for whom a participating employer is not required to pay contributions or
177     nonelective contributions.
178          (25) "Final average monthly salary" means the amount computed by dividing the
179     compensation received during the final average salary period under each system by the number
180     of months in the final average salary period.
181          (26) "Fund" means any fund created under this title for the purpose of paying benefits
182     or costs of administering a system, plan, or program.

183          (27) (a) "Inactive member" means a member who has not been employed by a
184     participating employer for a period of at least 120 days.
185          (b) "Inactive member" does not include retirees.
186          (28) (a) "Initially entering" means hired, appointed, or elected for the first time, in
187     current service as a member with any participating employer.
188          (b) "Initially entering" does not include a person who has any prior service credit on
189     file with the office.
190          (c) "Initially entering" includes an employee of a participating employer, except for an
191     employee that is not eligible under a system or plan under this title, who:
192          (i) does not have any prior service credit on file with the office;
193          (ii) is covered by a retirement plan other than a retirement plan created under this title;
194     and
195          (iii) moves to a position with a participating employer that is covered by this title.
196          (29) "Institution of higher education" means an institution described in Section
197     53B-1-102.
198          (30) (a) "Member" means a person, except a retiree, with contributions on deposit with
199     a system, the Utah Governors' and Legislators' Retirement Plan under Chapter 19, Utah
200     Governors' and Legislators' Retirement Act, or with a terminated system.
201          (b) "Member" also includes leased employees within the meaning of Section 414(n)(2)
202     of the Internal Revenue Code, if the employees have contributions on deposit with the office.
203     If leased employees constitute less than 20% of the participating employer's work force that is
204     not highly compensated within the meaning of Section 414(n)(5)(c)(ii), Internal Revenue Code,
205     "member" does not include leased employees covered by a plan described in Section 414(n)(5)
206     of the federal Internal Revenue Code.
207          (31) "Member contributions" means the sum of the contributions paid to a system or
208     the Utah Governors' and Legislators' Retirement Plan, including refund interest if allowed by a
209     system, and which are made by:
210          (a) the member; and
211          (b) the participating employer on the member's behalf under Section 414(h) of the
212     Internal Revenue Code.
213          (32) "Nonelective contribution" means an amount contributed by a participating

214     employer into a participant's defined contribution account.
215          (33) "Normal cost rate":
216          (a) means the percent of salary that is necessary for a retirement system that is fully
217     funded to maintain its fully funded status; and
218          (b) is determined by the actuary based on the assumed rate of return established by the
219     board.
220          (34) "Office" means the Utah State Retirement Office.
221          (35) "Participant" means an individual with voluntary deferrals or nonelective
222     contributions on deposit with the defined contribution plans administered under this title.
223          (36) "Participating employer" means a participating employer, as defined by Chapter
224     12, Public Employees' Contributory Retirement Act, Chapter 13, Public Employees'
225     Noncontributory Retirement Act, Chapter 14, Public Safety Contributory Retirement Act,
226     Chapter 15, Public Safety Noncontributory Retirement Act, Chapter 16, Firefighters'
227     Retirement Act, Chapter 17, Judges' Contributory Retirement Act, and Chapter 18, Judges'
228     Noncontributory Retirement Act, or an agency financed in whole or in part by public funds
229     which is participating in a system or plan as of January 1, 2002.
230          (37) "Part-time appointed board member" means a person:
231          (a) who is appointed to serve as a member of a board, commission, council, committee,
232     or panel of a participating employer; and
233          (b) whose service as a part-time appointed board member does not qualify as a regular
234     full-time employee as defined under Section 49-12-102, 49-13-102, or 49-22-102.
235          (38) "Pension" means monthly payments derived from participating employer
236     contributions.
237          (39) "Plan" means the Utah Governors' and Legislators' Retirement Plan created by
238     Chapter 19, Utah Governors' and Legislators' Retirement Act, the New Public Employees' Tier
239     II Defined Contribution Plan created by Chapter 22, Part 4, Tier II Defined Contribution Plan,
240     the New Public Safety and Firefighter Tier II Defined Contribution Plan created by Chapter 23,
241     Part 4, Tier II Defined Contribution Plan, or the defined contribution plans created under
242     Section 49-11-801.
243          (40) (a) "Political subdivision" means any local government entity, including cities,
244     towns, counties, and school districts, but only if the subdivision is a juristic entity that is legally

245     separate and distinct from the state and only if its employees are not by virtue of their
246     relationship to the entity employees of the state.
247          (b) "Political subdivision" includes local districts, special service districts, or
248     authorities created by the Legislature or by local governments, including the office.
249          (c) "Political subdivision" does not include a project entity created under Title 11,
250     Chapter 13, Interlocal Cooperation Act, that was formed prior to July 1, 1987.
251          (41) "Program" means the Public Employees' Insurance Program created under Chapter
252     20, Public Employees' Benefit and Insurance Program Act, or the Public Employees'
253     Long-Term Disability program created under Chapter 21, Public Employees' Long-Term
254     Disability Act.
255          (42) "Public funds" means those funds derived, either directly or indirectly, from public
256     taxes or public revenue, dues or contributions paid or donated by the membership of the
257     organization, used to finance an activity whose objective is to improve, on a nonprofit basis,
258     the governmental, educational, and social programs and systems of the state or its political
259     subdivisions.
260          (43) "Qualified defined contribution plan" means a defined contribution plan that
261     meets the requirements of Section 401(k) or Section 403(b) of the Internal Revenue Code.
262          (44) (a) "Reemployed," "reemploy," or "reemployment" means work or service
263     performed for a participating employer after retirement, in exchange for compensation.
264          (b) Reemployment includes work or service performed on a contract for a participating
265     employer if the retiree is:
266          (i) listed as the contractor; or
267          (ii) an owner, partner, or principal of the contractor.
268          (45) "Refund interest" means the amount accrued on member contributions at a rate
269     adopted by the board.
270          (46) "Retiree" means an individual who has qualified for an allowance under this title.
271          (47) "Retirement" means the status of an individual who has become eligible, applies
272     for, and is entitled to receive an allowance under this title.
273          (48) "Retirement date" means the date selected by the member on which the member's
274     retirement becomes effective with the office.
275          (49) "Retirement related contribution":

276          (a) means any employer payment to any type of retirement plan or program made on
277     behalf of an employee; and
278          (b) does not include Social Security payments or Social Security substitute payments
279     made on behalf of an employee.
280          (50) "Service credit" means:
281          (a) the period during which an employee is employed and compensated by a
282     participating employer and meets the eligibility requirements for membership in a system or the
283     Utah Governors' and Legislators' Retirement Plan, provided that any required contributions are
284     paid to the office; and
285          (b) periods of time otherwise purchasable under this title.
286          (51) "Surviving spouse" means:
287          (a) the lawful spouse who has been married to a member for at least six months
288     immediately before the death date of the member; or
289          (b) a former lawful spouse of a member with a valid domestic relations order benefits
290     on file with the office before the member's death date in accordance with Section 49-11-612.
291          [(51)] (52) "System" means the individual retirement systems created by Chapter 12,
292     Public Employees' Contributory Retirement Act, Chapter 13, Public Employees'
293     Noncontributory Retirement Act, Chapter 14, Public Safety Contributory Retirement Act,
294     Chapter 15, Public Safety Noncontributory Retirement Act, Chapter 16, Firefighters'
295     Retirement Act, Chapter 17, Judges' Contributory Retirement Act, Chapter 18, Judges'
296     Noncontributory Retirement Act, and Chapter 19, Utah Governors' and Legislators' Retirement
297     Act, the defined benefit portion of the Tier II Hybrid Retirement System under Chapter 22, Part
298     3, Tier II Hybrid Retirement System, and the defined benefit portion of the Tier II Hybrid
299     Retirement System under Chapter 23, Part 3, Tier II Hybrid Retirement System.
300          [(52)] (53) "Tier I" means a system or plan under this title for which:
301          (a) an employee is eligible to participate if the employee initially enters regular
302     full-time employment before July 1, 2011; or
303          (b) a governor or legislator who initially enters office before July 1, 2011.
304          [(53)] (54) (a) "Tier II" means a system or plan under this title provided in lieu of a
305     Tier I system or plan for an employee, governor, legislator, or full-time elected official who
306     does not have Tier I service credit in a system or plan under this title:

307          (i) if the employee initially enters regular full-time employment on or after July 1,
308     2011; or
309          (ii) if the governor, legislator, or full-time elected official initially enters office on or
310     after July 1, 2011.
311          (b) "Tier II" includes:
312          (i) the Tier II hybrid system established under:
313          (A) Chapter 22, Part 3, Tier II Hybrid Retirement System; or
314          (B) Chapter 23, Part 3, Tier II Hybrid Retirement System; and
315          (ii) the Tier II Defined Contribution Plan (Tier II DC Plan) established under:
316          (A) Chapter 22, Part 4, Tier II Defined Contribution Plan; or
317          (B) Chapter 23, Part 4, Tier II Defined Contribution Plan.
318          [(54)] (55) "Unfunded actuarial accrued liability" or "UAAL":
319          (a) is determined by the system's actuary; and
320          (b) means the excess, if any, of the accrued liability of a retirement system over the
321     actuarial value of its assets.
322          [(55)] (56) "Voluntary deferrals" means an amount contributed by a participant into
323     that participant's defined contribution account.
324          Section 2. Section 49-12-405 is amended to read:
325          49-12-405. Death of married member -- Service retirement benefits to surviving
326     spouse.
327          (1) Upon the request of a deceased member's [lawful] surviving spouse [at the time of
328     the member's death], the deceased member is considered to have retired under Option Three on
329     the first day of the month following the month in which the member died if the following
330     requirements are met:
331          (a) the member has:
332          (i) 25 or more years of service credit;
333          (ii) attained age 60 with 20 or more years of service credit;
334          (iii) attained age 62 with 10 or more years of service credit; or
335          (iv) attained age 65 with four or more years of service credit; and
336          (b) the member dies leaving a surviving spouse [to whom the member has been
337     married at least six months immediately prior to the death date].

338          (2) The surviving spouse who requests a benefit under this section shall apply in
339     writing to the office. The allowance shall begin on the first day of the month:
340          (a) following the month in which the member died, if the application is received by the
341     office within 90 days of the member's death; or
342          (b) following the month in which the application is received by the office, if the
343     application is received by the office more than 90 days after the [spouse's] member's death.
344          (3) The Option Three benefit calculation, when there are 25 or more years of service
345     credit, shall be calculated without a reduction in allowance under Section 49-12-402.
346          (4) The benefit calculation for a surviving spouse with a valid domestic relations order
347     benefits on file with the office before the member's death date in accordance with Section
348     49-11-612 is calculated according to the manner in which the court order specified benefits to
349     be partitioned, whether as a fixed amount or as a percentage of the benefit.
350          [(4)] (5) Except for a return of member contributions, benefits payable under this
351     section are retirement benefits and shall be paid in addition to any payments made under
352     Section 49-12-501 and constitute a full and final settlement of the claim of the surviving
353     spouse or any other beneficiary filing claim for benefits under Section 49-12-501.
354          (6) If the death benefits under this section are partitioned among more than one
355     surviving spouse due to domestic relations order benefits on file with the office before the
356     member's death date in accordance with Section 49-11-612, the total amount received by the
357     surviving spouses may not exceed the death benefits normally provided to one surviving
358     spouse under this section.
359          Section 3. Section 49-13-405 is amended to read:
360          49-13-405. Death of married members -- Service retirement benefits to surviving
361     spouse.
362          (1) As used in this section, "member's full allowance" means an Option Three
363     allowance calculated under Section 49-13-402 without an actuarial reduction.
364          (2) Upon the request of a deceased member's [lawful] surviving spouse [at the time of
365     the member's death], the deceased member is considered to have retired under Option Three on
366     the first day of the month following the month in which the member died if the following
367     requirements are met:
368          (a) the member has:

369          (i) 15 or more years of service credit;
370          (ii) attained age 62 with 10 or more years of service credit; or
371          (iii) attained age 65 with four or more years of service credit; and
372          (b) the member dies leaving a surviving spouse [to whom the member has been
373     married at least six months immediately prior to the death date].
374          (3) The surviving spouse who requests a benefit under this section shall apply in
375     writing to the office. The allowance shall begin on the first day of the month:
376          (a) following the month in which the member died, if the application is received by the
377     office within 90 days of the member's death; or
378          (b) following the month in which the application is received by the office, if the
379     application is received by the office more than 90 days after the [spouse's] member's death.
380          (4) The allowance payable to a surviving spouse under Subsection (2) is:
381          (a) if the member has 25 or more years of service credit at the time of death, the
382     surviving spouse shall receive the member's full allowance;
383          (b) if the member has between 20-24 years of service credit and is not age 60 or older
384     at the time of death, the surviving spouse shall receive two-thirds of the member's full
385     allowance;
386          (c) if the member has between 15-19 years of service credit and is not age 62 or older
387     at the time of death, the surviving spouse shall receive one-third of the member's full
388     allowance; or
389          (d) if the member is age 60 or older with 20 or more years of service credit, age 62 or
390     older with 10 or more years of service credit, or age 65 or older with four or more years of
391     service credit at the time of death, the surviving spouse shall receive an Option Three benefit
392     with actuarial reductions.
393          (5) The benefit calculation for a surviving spouse with a valid domestic relations order
394     benefits on file with the office before the member's death date in accordance with Section
395     49-11-612 is calculated according to the manner in which the court order specified benefits to
396     be partitioned, whether as a fixed amount or as a percentage of the benefit.
397          [(5)] (6) Except for a return of member contributions, benefits payable under this
398     section are retirement benefits and shall be paid in addition to any other payments made under
399     Section 49-13-501 and shall constitute a full and final settlement of the claim of the surviving

400     spouse or any other beneficiary filing a claim for benefits under Section 49-13-501.
401          (7) If the death benefits under this section are partitioned among more than one
402     surviving spouse due to domestic relations order benefits on file with the office before the
403     member's death date in accordance with Section 49-11-612, the total amount received by the
404     surviving spouses may not exceed the death benefits normally provided to one surviving
405     spouse under this section.
406          Section 4. Section 49-14-501 is amended to read:
407          49-14-501. Death of active member in Division A -- Payment of benefits.
408          (1) If an active member of this system enrolled in Division A under Section 49-14-301
409     dies, benefits are payable as follows:
410          (a) If the death is classified by the office as a line-of-duty death, the surviving spouse
411     [at the time of death] shall receive a lump sum equal to six months of the active member's final
412     average salary and an allowance equal to 30% of the deceased member's final average monthly
413     salary.
414          (b) If the death is not classified by the office as a line-of-duty death, benefits are
415     payable as follows:
416          (i) If the member has accrued less than 10 years of public safety service credit, the
417     beneficiary shall receive the sum of $1,000 or a refund of the member's member contributions,
418     whichever is greater.
419          (ii) If the member has accrued 10 or more years of public safety service credit at the
420     time of death, the surviving spouse [at the time of death] shall receive the sum of $500, plus an
421     allowance equal to 2% of the member's final average monthly salary for each year of service
422     credit accrued by the member up to a maximum of 30% of the member's final average monthly
423     salary.
424          (2) Except as provided under Subsection (1)(b)(i), benefits are not payable to minor
425     children of members covered under Division A.
426          (3) If a benefit is not distributed under this section, and the member has designated a
427     beneficiary, the member's member contributions shall be paid to the beneficiary.
428          (4) (a) A surviving spouse who requests a benefit under this section shall apply in
429     writing to the office.
430          (b) The allowance shall begin on the first day of the month following the month in

431     which the:
432          (i) member died, if the application is received by the office within 90 days of the
433     member's death; or
434          (ii) application is received by the office, if the application is received by the office
435     more than 90 days after the member's death.
436          Section 5. Section 49-14-502 is amended to read:
437          49-14-502. Death of active member in Division B -- Payment of benefits.
438          (1) If an active member of this system enrolled in Division B under Section 49-14-301
439     dies, benefits are payable as follows:
440          (a) If the death is classified by the office as a line-of-duty death, the surviving spouse
441     [at the time of death] shall receive:
442          (i) a lump sum equal to six months of the active member's final average salary; and
443          (ii) an allowance equal to 37.5% of the member's final average monthly salary.
444          (b) If the death is not classified by the office as a line-of-duty death, benefits are
445     payable as follows:
446          (i) If the member has accrued two or more years of public safety service credit at the
447     time of death, the death is considered a line-of-duty death and the surviving spouse [at the time
448     of death] shall receive:
449          (A) a lump sum of $1,500; and
450          (B) an allowance as provided under Subsection (1)(a)(ii).
451          (ii) If the member has accrued less than two years of public safety service credit at the
452     time of death, the surviving spouse [at the time of death] shall receive a refund of the member's
453     member contributions, plus 50% of the member's most recent 12 months' compensation.
454          (c) (i) If the member has accrued two or more years of public safety service credit at
455     the time of death, each of the member's unmarried children to age 18 or dependent unmarried
456     children with a mental or physical disability shall receive a monthly allowance of $50.
457          (ii) Payments shall be made to the surviving parent or to a duly appointed guardian, or
458     as otherwise provided under Sections 49-11-609 and 49-11-610.
459          (2) [In the event of the death of both parents,] If the member dies and there is no
460     surviving spouse, any amounts that would have been the surviving spouse's benefit shall be
461     prorated and paid to each of the member's unmarried children to age 18.

462          (3) If a benefit is not distributed under [the previous subsections] Subsection (1) or (2),
463     and the member has designated a beneficiary, the member's member contributions shall be paid
464     to the beneficiary.
465          (4) The combined annual payments made to the beneficiaries of any member under this
466     section may not exceed 75% of the member's final average monthly salary.
467          (5) (a) A surviving spouse who requests a benefit under this section shall apply in
468     writing to the office.
469          (b) The allowance shall begin on the first day of the month:
470          (i) following the month in which the member died, if the application is received by the
471     office within 90 days of the member's death; or
472          (ii) following the month in which the application is received by the office, if the
473     application is received by the office more than 90 days after the member's death.
474          Section 6. Section 49-14-503 is amended to read:
475          49-14-503. Benefits payable upon death of inactive member.
476          (1) If an inactive member who has less than 20 years of public safety service credit
477     dies, the surviving spouse [at the time of death], or, if there is no surviving spouse [at the time
478     of death], the member's minor children shall receive a refund of the member's member
479     contributions or $500, whichever is greater.
480          (2) (a) If an inactive member with 20 or more years of public safety service credit dies,
481     the surviving spouse [at the time of death] shall receive an allowance in an amount of 50% of
482     the amount the member would have received had retirement occurred on the first of the month
483     following the month in which the death occurred.
484          (b) This allowance shall be based on years of service credit and final average monthly
485     salary under Section 49-14-402, reduced actuarially from age 50 to the age of the member at
486     the time of death if the member is under age 50 at the time of death.
487          (3) (a) A surviving spouse who requests a benefit under this section shall apply in
488     writing to the office.
489          (b) The allowance shall begin on the first day of the month:
490          (i) following the month in which the member died, if the application is received by the
491     office within 90 days of the member's death; or
492          (ii) following the month in which the application is received by the office, if the

493     application is received by the office more than 90 days after the member's death.
494          Section 7. Section 49-14-504 is amended to read:
495          49-14-504. Benefits payable upon death of retired member -- Enhanced benefit
496     election -- Rulemaking.
497          (1) If a retiree who retired under either Division A or Division B dies, the retiree's
498     surviving spouse [at the time of death of the retiree] shall receive an allowance equal to 65% of
499     the allowance that was being paid to the retiree at the time of death.
500          (2) (a) Notwithstanding the amount of the allowance under Subsection (1), at the time
501     of retirement, a retiree may elect to increase the surviving spousal death benefit to 75% of an
502     allowance computed in accordance with Section 49-14-402.
503          (b) If an election is made under Subsection (2)(a), the member's allowance shall be
504     reduced to an amount payable monthly for life to reflect the actuarial equivalent necessary to
505     pay for the increased surviving spousal death benefit above 65%.
506          (3) (a) For a retiree whose retirement date is before July 1, 2009, the office shall
507     provide an optional surviving spousal death benefit to bring the total surviving spousal death
508     benefit up to 75% of an allowance computed in accordance with Section 49-14-402.
509          (b) A retiree may elect to purchase the optional surviving spousal death benefit until
510     July 1, 2010.
511          (c) If an election is made under Subsection (3)(b), the retiree's allowance shall be
512     reduced to an amount payable monthly for life to reflect the actuarial equivalent necessary to
513     pay for the increased surviving spousal death benefit above 65%.
514          (d) The board shall make rules to administer the death benefit under this Subsection
515     (3).
516          (4) If the retiree retired solely under Division B and dies leaving unmarried children
517     under the age of 18 or dependent unmarried children with a mental or physical disability, the
518     children shall qualify for a benefit as prescribed for children under Subsection 49-14-502(1)(c).
519          (5) (a) A beneficiary who qualifies for a monthly benefit under this section shall apply
520     in writing to the office.
521          (b) The allowance shall begin on the first day of the month following the month in
522     which the:
523          (i) member or participant died, if the application is received by the office within 90

524     days of the date of death of the member or participant; or
525          (ii) application is received by the office, if the application is received by the office
526     more than 90 days after the date of death of the member or participant.
527          Section 8. Section 49-14-505 is amended to read:
528          49-14-505. Benefits for surviving spouse under Division A or Division B.
529          The surviving spouse [at the time of death], if eligible, shall receive a benefit computed
530     under either Division A or Division B, whichever provides the larger benefit, but may not
531     receive a benefit under both divisions if it would result in a duplicate benefit.
532          Section 9. Section 49-14-506 is amended to read:
533          49-14-506. Benefits payable upon death of active or inactive member without
534     spouse or minor children.
535          If an active or inactive member dies and at the time of death the member does not have
536     a surviving spouse or minor children, the benefit payable to a designated beneficiary is a refund
537     of the member's member contributions or $500, whichever is larger.
538          Section 10. Section 49-14-507 is enacted to read:
539          49-14-507. Surviving spouse includes certain former spouses -- Benefit calculation
540     for former spouse.
541          (1) The benefit calculation for a surviving spouse with a valid domestic relations order
542     benefits on file with the office before the member's death date in accordance with Section
543     49-11-612 is calculated according to the manner in which the court order specified benefits to
544     be partitioned, whether as a fixed amount or as a percentage of the benefit.
545          (2) If the death benefits under this section are partitioned among more than one
546     surviving spouse due to domestic relations order benefits on file with the office before the
547     member's death date in accordance with Section 49-11-612, the total amount received by the
548     surviving spouses may not exceed the death benefits normally provided to one surviving
549     spouse under this section.
550          Section 11. Section 49-15-501 is amended to read:
551          49-15-501. Death of active member in Division A -- Payment of benefits.
552          (1) If an active member of this system enrolled in Division A under Section 49-15-301
553     dies, benefits are payable as follows:
554          (a) If the death is classified by the office as a line-of-duty death, benefits are payable as

555     follows:
556          (i) If the member has accrued less than 20 years of public safety service credit, the
557     surviving spouse [at the time of death] shall receive a lump sum equal to six months of the
558     active member's final average salary and an allowance equal to 30% of the member's final
559     average monthly salary.
560          (ii) If the member has accrued 20 or more years of public safety service credit, the
561     member shall be considered to have retired with an allowance calculated under Section
562     49-15-402 and the surviving spouse [at the time of death] shall receive the death benefit
563     payable to a surviving spouse [at the time of death] under Section 49-15-504.
564          (b) If the death is not classified as a line-of-duty death by the office, benefits are
565     payable as follows:
566          (i) If the member has accrued less than 10 years of public safety service credit, the
567     beneficiary shall receive the sum of $1,000 or a refund of the member's member contributions,
568     whichever is greater.
569          (ii) If the member has accrued 10 or more years, but less than 20 years of public safety
570     service credit at the time of death, the surviving spouse [at the time of death] shall receive the
571     sum of $500, plus an allowance equal to 2% of the member's final average monthly salary for
572     each year of service credit accrued by the member up to a maximum of 30% of the member's
573     final average monthly salary.
574          (iii) If the member has accrued 20 or more years of public safety service credit, the
575     benefit shall be calculated as provided in Subsection (1)(a)(ii).
576          (2) Except as provided under Subsection (1)(b)(i), benefits are not payable to minor
577     children under Division A.
578          (3) If a benefit is not distributed under this section, and the member has designated a
579     beneficiary, the member's member contribution shall be paid to the beneficiary.
580          (4) (a) A surviving spouse who requests a benefit under this section shall apply in
581     writing to the office.
582          (b) The allowance shall begin on the first day of the month following the month in
583     which the:
584          (i) member died, if the application is received by the office within 90 days of the
585     member's death; or

586          (ii) application is received by the office, if the application is received by the office
587     more than 90 days after the member's death.
588          Section 12. Section 49-15-502 is amended to read:
589          49-15-502. Death of active member in Division B -- Payment of benefits.
590          (1) If an active member of this system enrolled in Division B under Section 49-15-301
591     dies, benefits are payable as follows:
592          (a) If the death is classified by the office as a line-of-duty death, the surviving spouse
593     [at the time of death] shall receive:
594          (i) a lump sum equal to six months of the active member's final average salary; and
595          (ii) an allowance equal to 37.5% of the member's final average monthly salary.
596          (b) If the death is not classified by the office as a line-of-duty death, and the member
597     has accrued two or more years of public safety service credit at the time of death, the death is
598     considered line-of-duty and the surviving spouse [at the time of death] shall receive:
599          (i) a lump sum of $1,500; and
600          (ii) an allowance as provided under Subsection (1)(a)(ii).
601          (c) If the death is not classified by the office as a line-of-duty death, and the member
602     has accrued less than two years of public safety service credit at the time of death, the surviving
603     spouse [at the time of death] shall receive a refund of the member's member contributions, plus
604     50% of the member's most recent 12 months' compensation.
605          (d) (i) If the member has accrued two or more years of public safety service credit at
606     the time of death, each of the member's unmarried children to age 18 or dependent unmarried
607     children with a mental or physical disability shall receive an allowance of $50.
608          (ii) Payments shall be made to the surviving parent or to a duly appointed guardian, or
609     as otherwise provided under Section 49-11-609 or 49-11-610.
610          (2) [In the event of the death of both parents, the] If the member dies and there is no
611     surviving spouse, any amounts that would have been the surviving spouse's benefit shall be
612     prorated and paid to each of the member's unmarried children to age 18.
613          (3) If a benefit is not distributed under [the previous subsections] Subsection (1) or (2),
614     and the member has designated a beneficiary, the member's member contributions shall be paid
615     to the beneficiary.
616          (4) The combined payments to beneficiaries of any member under this section may not

617     exceed 75% of the member's final average monthly salary.
618          (5) (a) A surviving spouse who requests a benefit under this section shall apply in
619     writing to the office.
620          (b) The allowance shall begin on the first day of the month:
621          (i) following the month in which the member died, if the application is received by the
622     office within 90 days of the member's death; or
623          (ii) following the month in which the application is received by the office, if the
624     application is received by the office more than 90 days after the member's death.
625          Section 13. Section 49-15-503 is amended to read:
626          49-15-503. Benefits payable upon death of inactive member.
627          (1) If an inactive member who has less than 20 years of public safety service credit
628     dies, the surviving spouse [at the time of death], or, if there is no surviving spouse [at the time
629     of death], the member's minor children shall receive a refund of the member's member
630     contributions or $500, whichever is greater.
631          (2) (a) If an inactive member with 20 or more years of public safety service credit dies,
632     the surviving spouse [at the time of death] shall receive an allowance in an amount of 50% of
633     the amount the member would have received had retirement occurred on the first of the month
634     following the month in which the death occurred.
635          (b) This allowance shall be based on years of service credit and final average monthly
636     salary under Section 49-15-402, reduced actuarially from age 50 to the age of the member at
637     the time of death if the member is under 50 years of age at the time of death.
638          (3) (a) A surviving spouse who requests a benefit under this section shall apply in
639     writing to the office.
640          (b) The allowance shall begin on the first day of the month:
641          (i) following the month in which the member died, if the application is received by the
642     office within 90 days of the member's death; or
643          (ii) following the month in which the application is received by the office, if the
644     application is received by the office more than 90 days after the member's death.
645          Section 14. Section 49-15-504 is amended to read:
646          49-15-504. Benefits payable upon death of retired member -- Enhanced benefit
647     election -- Rulemaking.

648          (1) If a retiree who retired under either Division A or Division B dies, the retiree's
649     surviving spouse [at the time of death of the retiree] shall receive an allowance equal to 65% of
650     the allowance that was being paid to the retiree at the time of death.
651          (2) (a) Notwithstanding the amount of the allowance under Subsection (1), at the time
652     of retirement, a retiree may elect to increase the spousal death benefit to 75% of an allowance
653     computed in accordance with Section 49-15-402.
654          (b) If an election is made under Subsection (2)(a), the member's allowance shall be
655     reduced to an amount payable monthly for life to reflect the actuarial equivalent necessary to
656     pay for the increased spousal death benefit above 65%.
657          (3) (a) For a retiree whose retirement date is before July 1, 2009, the office shall
658     provide an optional spousal death benefit to bring the total spousal death benefit up to 75% of
659     an allowance computed in accordance with Section 49-15-402.
660          (b) A retiree may elect to purchase the optional spousal death benefit until July 1,
661     2010.
662          (c) If an election is made under Subsection (3)(b), the retiree's allowance shall be
663     reduced to an amount payable monthly for life to reflect the actuarial equivalent necessary to
664     pay for the increased spousal death benefit above 65%.
665          (d) The board shall make rules to administer the death benefit under this Subsection
666     (3).
667          (4) If the retiree retired solely under Division B and dies leaving unmarried children
668     under the age of 18 or dependent unmarried children with a mental or physical disability, the
669     children shall qualify for a benefit as prescribed under Subsection 49-15-502(1)(d).
670          (5) (a) A beneficiary who qualifies for a monthly benefit under this section shall apply
671     in writing to the office.
672          (b) The allowance shall begin on the first day of the month following the month in
673     which the:
674          (i) member or participant died, if the application is received by the office within 90
675     days of the date of death of the member or participant; or
676          (ii) application is received by the office, if the application is received by the office
677     more than 90 days after the date of death of the member or participant.
678          Section 15. Section 49-15-505 is amended to read:

679          49-15-505. Benefits for surviving spouse under Division A or Division B.
680          The surviving spouse [at the time of death], if eligible, shall receive a benefit computed
681     under either Division A or Division B, whichever provides the larger benefit, but may not
682     receive a benefit under both divisions if it would result in a duplicate benefit.
683          Section 16. Section 49-15-506 is amended to read:
684          49-15-506. Benefits payable upon death of active or inactive member without
685     spouse or minor children.
686          If an active or inactive member dies and at the time of death the member does not have
687     a surviving spouse or minor children, the benefit payable to a designated beneficiary is a refund
688     of the member's member contributions or $500, whichever is larger.
689          Section 17. Section 49-15-507 is enacted to read:
690          49-15-507. Surviving spouse includes certain former spouses -- Benefit calculation
691     for former spouse.
692          (1) The benefit calculation for a surviving spouse with a valid domestic relations order
693     benefits on file with the office before the member's death date in accordance with Section
694     49-11-612 is calculated according to the manner in which the court order specified benefits to
695     be partitioned, whether as a fixed amount or as a percentage of the benefit.
696          (2) If the death benefits under this section are partitioned among more than one
697     surviving spouse due to domestic relations order benefits on file with the office before the
698     member's death date in accordance with Section 49-11-612, the total amount received by the
699     surviving spouses may not exceed the death benefits normally provided to one surviving
700     spouse under this section.
701          Section 18. Section 49-16-501 is amended to read:
702          49-16-501. Death of active member in Division A -- Payment of benefits.
703          (1) If an active member of this system enrolled in Division A under Section 49-16-301
704     dies, benefits are payable as follows:
705          (a) If the death is classified by the office as a line-of-duty death, benefits are payable as
706     follows:
707          (i) If the member has accrued less than 20 years of firefighter service credit, the
708     surviving spouse [at the time of death] shall receive a lump sum equal to six months of the
709     active member's final average salary and an allowance equal to 30% of the member's final

710     average monthly salary.
711          (ii) If the member has accrued 20 or more years of firefighter service credit, the
712     member shall be considered to have retired with an allowance calculated under Section
713     49-16-402 and the surviving spouse [at the time of death] shall receive the death benefit
714     payable to a surviving spouse under Section 49-16-504.
715          (b) If the death is not classified as a line-of-duty death by the office, benefits are
716     payable as follows:
717          (i) If the member has accrued less than 10 years of firefighter service credit, the
718     beneficiary shall receive a sum of $1,000 or a refund of the member's member contributions,
719     whichever is greater.
720          (ii) If the member has accrued 10 or more years of firefighter service credit, the
721     surviving spouse [at the time of death] shall receive a sum of $500, plus an allowance equal to
722     2% of the member's final average monthly salary for each year of service credit accrued by the
723     member up to a maximum of 30% of the member's final average monthly salary.
724          (2) (a) If the member dies without a [current] surviving spouse, the surviving spouse's
725     allowance shall be equally divided and paid to each unmarried child until the child reaches age
726     21.
727          (b) The payment shall be made to a duly appointed guardian or as provided under
728     Sections 49-11-609 and 49-11-610.
729          (3) If the benefit is not distributed under this section, and the member has designated a
730     beneficiary, the member's member contributions shall be paid to the beneficiary.
731          (4) (a) A surviving spouse who requests a benefit under this section shall apply in
732     writing to the office.
733          (b) The allowance shall begin on the first day of the month:
734          (i) following the month in which the member died, if the application is received by the
735     office within 90 days of the member's death; or
736          (ii) following the month in which the application is received by the office, if the
737     application is received by the office more than 90 days after the member's death.
738          Section 19. Section 49-16-502 is amended to read:
739          49-16-502. Death of active member in Division B -- Payment of benefits.
740          (1) If an active member of this system enrolled in Division B under Section 49-16-301

741     dies, benefits are payable as follows:
742          (a) If the death is classified by the office as a line-of-duty death, benefits are payable as
743     follows:
744          (i) If the member has accrued less than 20 years of firefighter service credit, the
745     surviving spouse [at the time of death] shall receive:
746          (A) a lump sum equal to six months of the active member's final average salary; and
747          (B) an allowance equal to 37.5% of the member's final average monthly salary.
748          (ii) If the member has accrued 20 or more years of firefighter service credit, the
749     member shall be considered to have retired with an allowance calculated under Section
750     49-16-402 and the surviving spouse [at the time of death] shall receive the death benefit
751     payable to a surviving spouse under Section 49-16-504.
752          (b) If the death is not classified by the office as a line-of-duty death, the benefits are
753     payable as follows:
754          (i) If the member has accrued five or more years of firefighter service credit, the death
755     is considered line-of-duty and the surviving spouse [at time of death] shall receive:
756          (A) a lump sum of $1,500; and
757          (B) an allowance as established under Subsection (1)(a)(i)(B).
758          (ii) If the member has accrued less than five years of firefighter service credit, the
759     surviving spouse [at the time of death] shall receive a refund of the member's contributions,
760     plus 50% of the member's most recent 12 months compensation.
761          (c) If the member has accrued five or more years of firefighter service credit, the
762     member's unmarried children until they reach age 21 or dependent unmarried children with a
763     mental or physical disability, shall receive a monthly allowance of $75.
764          (2) (a) [In the event of the death of] If the member dies and there is no surviving
765     spouse, [the] any amounts that would have been the surviving spouse's benefits are equally
766     divided and paid to each unmarried child until the child reaches age 21.
767          (b) The payments shall be made to the surviving parent or duly appointed guardian or
768     as provided under Sections 49-11-609 and 49-11-610.
769          (3) If a benefit is not distributed under [the previous subsections] Subsection (1) or (2),
770     and the member has designated a beneficiary, the member's member contributions shall be paid
771     to the beneficiary.

772          (4) The combined monthly payments made to the beneficiaries of any member under
773     this section may not exceed 75% of the member's final average monthly salary.
774          (5) (a) A surviving spouse who requests a benefit under this section shall apply in
775     writing to the office.
776          (b) The allowance shall begin on the first day of the month:
777          (i) following the month in which the member died, if the application is received by the
778     office within 90 days of the member's death; or
779          (ii) following the month in which the application is received by the office, if the
780     application is received by the office more than 90 days after the member's death.
781          Section 20. Section 49-16-503 is amended to read:
782          49-16-503. Benefits payable upon death of inactive member.
783          (1) If an inactive member who has less than 20 years of firefighter service credit dies,
784     the surviving spouse [at the time of death], or, if there is no surviving spouse [at the time of
785     death], the member's minor children shall receive a refund of the member's member
786     contributions or $500, whichever is greater.
787          (2) (a) If an inactive member with 20 or more years of firefighter service credit dies,
788     the surviving spouse [at the time of death] shall receive an allowance in the amount of 50% of
789     the amount the member would have received had retirement occurred on the first of the month
790     following the month in which the death occurred.
791          (b) This allowance shall be based on years of service credit and final average monthly
792     salary under Section 49-16-402, reduced actuarially from age 50 to the age of the member at
793     the time of death if the member is under 50 years of age at the time of death.
794          (3) (a) A surviving spouse who requests a benefit under this section shall apply in
795     writing to the office.
796          (b) The allowance shall begin on the first day of the month:
797          (i) following the month in which the member died, if the application is received by the
798     office within 90 days of the member's death; or
799          (ii) following the month in which the application is received by the office, if the
800     application is received by the office more than 90 days after the member's death.
801          Section 21. Section 49-16-504 is amended to read:
802          49-16-504. Benefits payable upon death of retired member.

803          (1) If a retiree who retired under either Division A or Division B dies, the retiree's
804     surviving spouse [at the time of death] shall receive an allowance equal to 75% of the
805     allowance that was being paid to the retiree at the time of death.
806          (2) If the retiree retired solely under Division B and dies leaving unmarried children
807     under the age of 21 or dependent unmarried children with a mental or physical disability, the
808     children shall qualify for a benefit as prescribed under Subsection 49-16-502(1)(c).
809          (3) (a) A beneficiary who qualifies for a monthly benefit under this section shall apply
810     in writing to the office.
811          (b) The allowance shall begin on the first day of the month following the month in
812     which the:
813          (i) member or participant died, if the application is received by the office within 90
814     days of the date of death of the member or participant; or
815          (ii) application is received by the office, if the application is received by the office
816     more than 90 days after the date of death of the member or participant.
817          Section 22. Section 49-16-505 is amended to read:
818          49-16-505. Benefits for surviving spouse under Division A or Division B.
819          The surviving spouse [at the time of death], if eligible, shall receive a benefit computed
820     under either Division A or Division B, whichever provides the larger benefit, but may not
821     receive a benefit under both divisions if it would result in a duplicate benefit.
822          Section 23. Section 49-16-506 is amended to read:
823          49-16-506. Minimum allowance for surviving spouse.
824          The minimum allowance payable to the surviving spouse who qualifies for an
825     allowance under Section 49-16-501, 49-16-502, 49-16-503 or 49-16-504, shall be $350 per
826     month.
827          Section 24. Section 49-16-507 is amended to read:
828          49-16-507. Benefits payable upon death of active or inactive member without a
829     surviving spouse or minor children.
830          If an active or inactive member dies and at the time of death the member does not have
831     a surviving spouse or minor children, the benefit payable to a designated beneficiary is a refund
832     of the member's member contributions or $500, whichever is larger.
833          Section 25. Section 49-16-508 is enacted to read:

834          49-16-508. Surviving spouse includes certain former spouses -- Benefit calculation
835     for former spouse.
836          (1) The benefit calculation for a surviving spouse with a valid domestic relations order
837     benefits on file with the office before the member's death date in accordance with Section
838     49-11-612 is calculated according to the manner in which the court order specified benefits to
839     be partitioned, whether as a fixed amount or as a percentage of the benefit.
840          (2) If the death benefits under this section are partitioned among more than one
841     surviving spouse due to domestic relations order benefits on file with the office before the
842     member's death date in accordance with Section 49-11-612, the total amount received by the
843     surviving spouses may not exceed the death benefits normally provided to one surviving
844     spouse under this section.
845          Section 26. Section 49-17-501 is amended to read:
846          49-17-501. Death benefit for members before retirement -- Computation.
847          (1) Upon the receipt of acceptable proof of death of a member before the member's
848     retirement date, the member's surviving spouse [at the time of death] shall have the choice of
849     the following death benefits:
850          (a) a refund of the member's member contributions, including refund interest, plus 65%
851     of the member's most recent 12 months' compensation prior to death; or
852          (b) an allowance equal to 65% of the allowance computed in accordance with Section
853     49-17-402, but disregarding early retirement reductions.
854          (2) If there is no surviving spouse [to whom the member is married at the time of
855     death], member contributions, including refund interest, shall be refunded to a beneficiary, in
856     accordance with Sections 49-11-609 and 49-11-610.
857          (3) (a) A surviving spouse who requests a benefit under this section shall apply in
858     writing to the office.
859          (b) The allowance shall begin on the first day of the month:
860          (i) following the month in which the member died, if the application is received by the
861     office within 90 days of the member's death; or
862          (ii) following the month in which the application is received by the office, if the
863     application is received by the office more than 90 days after the member's death.
864          Section 27. Section 49-17-502 is amended to read:

865          49-17-502. Benefits payable upon death of retired member.
866          (1) (a) The death benefit payable to a retiree's surviving spouse [at the time of death] is
867     an allowance equal to 65% of the allowance which was being paid to the retiree at the time of
868     death.
869          (b) The effective date of the accrual of this allowance is the first day of the month
870     following the month in which the retiree died.
871          (2) (a) Notwithstanding the amount of the allowance under Subsection (1), at the time
872     of retirement, a retiree may elect to increase the spousal death benefit up to 75% of an
873     allowance computed in accordance with Section 49-17-402.
874          (b) If an election is made under Subsection (2)(a), the member's allowance shall be
875     reduced to reflect the actuarial equivalent necessary to pay for the increased spousal death
876     benefit above 65%.
877          (3) (a) A surviving spouse who qualifies for a monthly benefit under this section shall
878     apply in writing to the office.
879          (b) The allowance shall begin on the first day of the month following the month in
880     which the:
881          (i) member or participant died, if the application is received by the office within 90
882     days of the date of death of the member or participant; or
883          (ii) application is received by the office, if the application is received by the office
884     more than 90 days after the date of death of the member or participant.
885          Section 28. Section 49-17-503 is enacted to read:
886          49-17-503. Surviving spouse includes certain former spouses -- Benefit calculation
887     for former spouse.
888          (1) The benefit calculation for a surviving spouse with a valid domestic relations order
889     benefits on file with the office before the member's death date in accordance with Section
890     49-11-612 is calculated according to the manner in which the court order specified benefits to
891     be partitioned, whether as a fixed amount or as a percentage of the benefit.
892          (2) If the death benefits under this section are partitioned among more than one
893     surviving spouse due to domestic relations order benefits on file with the office before the
894     member's death date in accordance with Section 49-11-612, the total amount received by the
895     surviving spouses may not exceed the death benefits normally provided to one surviving

896     spouse under this section.
897          Section 29. Section 49-18-501 is amended to read:
898          49-18-501. Death benefit for members before retirement -- Computation.
899          (1) Upon the receipt of acceptable proof of death of a member before the member's
900     retirement date, the member's surviving spouse [at the time of death] shall have the choice of
901     the following death benefits:
902          (a) a refund of the member's member contributions, if any, plus 65% of the member's
903     most recent 12 months' compensation prior to death; or
904          (b) an allowance equal to 65% of the allowance computed in accordance with Section
905     49-18-402, but disregarding early retirement reductions.
906          (2) If there is no surviving spouse [to whom the member is married at the time of
907     death], member contributions shall be refunded to a beneficiary, in accordance with Sections
908     49-11-609 and 49-11-610.
909          (3) (a) A surviving spouse who requests a benefit under this section shall apply in
910     writing to the office.
911          (b) The allowance shall begin on the first day of the month:
912          (i) following the month in which the member died, if the application is received by the
913     office within 90 days of the member's death; or
914          (ii) following the month in which the application is received by the office, if the
915     application is received by the office more than 90 days after the member's death.
916          Section 30. Section 49-18-502 is amended to read:
917          49-18-502. Benefits payable upon death of retired member.
918          (1) The death benefit payable to a retiree's surviving spouse [at the time of death] is an
919     allowance equal to 65% of the allowance which was being paid to the retiree at the time of
920     death.
921          (2) (a) Notwithstanding the amount of the allowance under Subsection (1), at the time
922     of retirement, a retiree may elect to increase the spousal death benefit up to 75% of an
923     allowance computed in accordance with Section 49-18-402.
924          (b) If an election is made under Subsection (2)(a), the member's allowance shall be
925     reduced to an amount payable monthly for life to reflect the actuarial equivalent necessary to
926     pay for the increased spousal death benefit above 65%.

927          (3) (a) A surviving spouse who qualifies for a monthly benefit under this section shall
928     apply in writing to the office.
929          (b) The allowance shall begin on the first day of the month following the month in
930     which the:
931          (i) member or participant died, if the application is received by the office within 90
932     days of the date of death of the member or participant; or
933          (ii) application is received by the office, if the application is received by the office
934     more than 90 days after the date of death of the member or participant.
935          Section 31. Section 49-18-503 is enacted to read:
936          49-18-503. Surviving spouse includes certain former spouses -- Benefit calculation
937     for former spouse.
938          (1) The benefit calculation for a surviving spouse with a valid domestic relations order
939     benefits on file with the office before the member's death date in accordance with Section
940     49-11-612 is calculated according to the manner in which the court order specified benefits to
941     be partitioned, whether as a fixed amount or as a percentage of the benefit.
942          (2) If the death benefits under this section are partitioned among more than one
943     surviving spouse due to domestic relations order benefits on file with the office before the
944     member's death date in accordance with Section 49-11-612, the total amount received by the
945     surviving spouses may not exceed the death benefits normally provided to one surviving
946     spouse under this section.
947          Section 32. Section 49-19-501 is amended to read:
948          49-19-501. Death of member or retiree -- Surviving spouse benefit.
949          (1) Upon the death of a governor or legislator who has not yet retired and who has
950     completed four or more years in the elected office, the member's surviving spouse [at the time
951     of death] shall receive an allowance equal to 50% of the allowance to which the governor or
952     legislator would have been entitled upon reaching age 65, if the governor or legislator and
953     surviving spouse had been married at least six months.
954          (2) Upon the death of a governor or legislator receiving an allowance under this plan,
955     the member's surviving spouse [at the time of death] is entitled to an allowance equal to 50% of
956     the allowance being paid to the member at the time of death.
957          (3) (a) A surviving spouse who requests a benefit under this section shall apply in

958     writing to the office.
959          (b) The allowance shall begin on the first day of the month:
960          (i) following the month in which the member died, if the application is received by the
961     office within 90 days of the member's death; or
962          (ii) following the month in which the application is received by the office, if the
963     application is received by the office more than 90 days after the member's death.
964          Section 33. Section 49-19-502 is enacted to read:
965          49-19-502. Surviving spouse at the time of death includes certain former spouses
966     -- Benefit calculation for former spouse.
967          (1) The benefit calculation for a surviving spouse with a valid domestic relations order
968     benefits on file with the office before the member's death date in accordance with Section
969     49-11-612 is calculated according to the manner in which the court order specified benefits to
970     be partitioned, whether as a fixed amount or as a percentage of the benefit.
971          (2) If the death benefits under this section are partitioned among more than one
972     surviving spouse due to domestic relations order benefits on file with the office before the
973     member's death date in accordance with Section 49-11-612, the total amount received by the
974     surviving spouses may not exceed the death benefits normally provided to one surviving
975     spouse under this section.
976          Section 34. Section 49-22-502 is amended to read:
977          49-22-502. Death of married members -- Service retirement benefits to surviving
978     spouse.
979          (1) As used in this section, "member's full allowance" means an Option Three
980     allowance calculated under Section 49-22-305 without an actuarial reduction.
981          (2) Upon the request of a deceased member's [lawful] surviving spouse [at the time of
982     the member's death], the deceased member is considered to have retired under Option Three on
983     the first day of the month following the month in which the member died if the following
984     requirements are met:
985          (a) the member has:
986          (i) 15 or more years of service credit;
987          (ii) attained age 62 with 10 or more years of service credit; or
988          (iii) attained age 65 with four or more years of service credit; and

989          (b) the member dies leaving a surviving spouse [to whom the member has been
990     married at least six months immediately prior to the death date].
991          (3) The surviving spouse who requests a benefit under this section shall apply in
992     writing to the office. The allowance shall begin on the first day of the month:
993          (a) following the month in which the member died, if the application is received by the
994     office within 90 days of the member's death; or
995          (b) following the month in which the application is received by the office, if the
996     application is received by the office more than 90 days after the [spouse's] member's death.
997          (4) The allowance payable to a surviving spouse under Subsection (2) is as follows:
998          (a) if the member has 25 or more years of service credit at the time of death, the
999     surviving spouse shall receive the member's full allowance;
1000          (b) if the member has between 20-24 years of service credit and is not age 60 or older
1001     at the time of death, the surviving spouse shall receive 2/3 of the member's full allowance;
1002          (c) if the member has between 15-19 years of service credit and is not age 62 or older
1003     at the time of death, the surviving spouse shall receive 1/3 of the member's full allowance; or
1004          (d) if the member is age 60 or older with 20 or more years of service credit, age 62 or
1005     older with 10 or more years of service credit, or age 65 or older with four or more years of
1006     service credit at the time of death, the surviving spouse shall receive an Option Three benefit
1007     with actuarial reductions.
1008          (5) The benefit calculation for a surviving spouse with a valid domestic relations order
1009     benefits on file with the office before the member's death date in accordance with Section
1010     49-11-612 is calculated according to the manner in which the court order specified benefits to
1011     be partitioned, whether as a fixed amount or as a percentage of the benefit.
1012          [(5)] (6) Except for a return of member contributions, benefits payable under this
1013     section are retirement benefits and shall be paid in addition to any other payments made under
1014     Section 49-22-501 and shall constitute a full and final settlement of the claim of the surviving
1015     spouse or any other beneficiary filing a claim for benefits under Section 49-22-501.
1016          (7) If the death benefits under this section are partitioned among more than one
1017     surviving spouse due to domestic relations order benefits on file with the office before the
1018     member's death date in accordance with Section 49-11-612, the total amount received by the
1019     surviving spouses may not exceed the death benefits normally provided to one surviving

1020     spouse under this section.
1021          Section 35. Section 49-23-301 is amended to read:
1022          49-23-301. Contributions.
1023          (1) Participating employers and members shall pay the certified contribution rates to
1024     the office to maintain the defined benefit portion of this system on a financially and actuarially
1025     sound basis in accordance with Subsection (2).
1026          (2) (a) A participating employer shall pay up to 12% of compensation toward the
1027     certified contribution rate to the office for the defined benefit portion of this system.
1028          (b) A member shall only pay to the office the amount, if any, of the certified
1029     contribution rate for the defined benefit portion of this system that exceeds the percent of
1030     compensation paid by the participating employer under Subsection (2)(a).
1031          (c) In addition to the percent specified under Subsection (2)(a), the participating
1032     employer shall pay the corresponding Tier I system amortization rate of the employee's
1033     compensation to the office to be applied to the employer's corresponding Tier I system liability.
1034          (3) A participating employer may not elect to pay all or part of the required member
1035     contributions under Subsection (2)(b), in addition to the required participating employer
1036     contributions.
1037          (4) (a) A member contribution is credited by the office to the account of the individual
1038     member.
1039          (b) This amount, together with refund interest, is held in trust for the payment of
1040     benefits to the member or the member's beneficiaries.
1041          (c) A member contribution is vested and nonforfeitable.
1042          (5) (a) Each member is considered to consent to payroll deductions of member
1043     contributions.
1044          (b) The payment of compensation less these payroll deductions is considered full
1045     payment for services rendered by the member.
1046          (6) Except as provided under Subsection (7), benefits provided under the defined
1047     benefit portion of the Tier II hybrid retirement system created under this part:
1048          (a) may not be increased unless the actuarial funded ratios of all systems under this title
1049     reach 100%; and
1050          (b) may be decreased only in accordance with the provisions of Section 49-23-309.

1051          (7) The Legislature authorizes an increase to the death benefit provided to a Tier II
1052     public safety service employee or firefighter member's surviving spouse [at the time of death]
1053     effective on May 12, 2015, as provided in Section 49-23-503.
1054          Section 36. Section 49-23-502 is amended to read:
1055          49-23-502. Death of married members -- Service retirement benefits to surviving
1056     spouse.
1057          (1) As used in this section, "member's full allowance" means an Option Three
1058     allowance calculated under Section 49-23-304 without an actuarial reduction.
1059          (2) Upon the request of a deceased member's [lawful] surviving spouse at the time of
1060     the member's death, the deceased member is considered to have retired under Option Three on
1061     the first day of the month following the month in which the member died if the following
1062     requirements are met:
1063          (a) the member has:
1064          (i) 15 or more years of service credit;
1065          (ii) attained age 62 with 10 or more years of service credit; or
1066          (iii) attained age 65 with four or more years of service credit; and
1067          (b) the member dies leaving a surviving spouse [to whom the member has been
1068     married at least six months immediately prior to the death date].
1069          (3) The surviving spouse who requests a benefit under this section shall apply in
1070     writing to the office. The allowance shall begin on the first day of the month:
1071          (a) following the month in which the member died, if the application is received by the
1072     office within 90 days of the member's death; or
1073          (b) following the month in which the application is received by the office, if the
1074     application is received by the office more than 90 days after the [spouse's] member's death.
1075          (4) The allowance payable to a surviving spouse under Subsection (2) is:
1076          (a) if the member has 25 or more years of service credit at the time of death, the
1077     surviving spouse shall receive the member's full allowance;
1078          (b) if the member has between 20-24 years of service credit and is not age 60 or older
1079     at the time of death, the surviving spouse shall receive two-thirds of the member's full
1080     allowance;
1081          (c) if the member has between 15-19 years of service credit and is not age 62 or older

1082     at the time of death, the surviving spouse shall receive one-third of the member's full
1083     allowance; or
1084          (d) if the member is age 60 or older with 20 or more years of service credit, age 62 or
1085     older with 10 or more years of service credit, or age 65 or older with four or more years of
1086     service credit at the time of death, the surviving spouse shall receive an Option Three benefit
1087     with actuarial reductions.
1088          (5) The benefit calculation for a surviving spouse with a valid domestic relations order
1089     benefits on file with the office before the member's death date in accordance with Section
1090     49-11-612 is calculated according to the manner in which the court order specified benefits to
1091     be partitioned, whether as a fixed amount or as a percentage of the benefit.
1092          [(5)] (6) Except for a return of member contributions, benefits payable under this
1093     section are retirement benefits and shall be paid in addition to any other payments made under
1094     Section 49-23-501 and shall constitute a full and final settlement of the claim of the surviving
1095     spouse or any other beneficiary filing a claim for benefits under Section 49-23-501.
1096          (7) If the death benefits under this section or Section 49-23-503 are partitioned among
1097     more than one surviving spouse due to domestic relations order benefits on file with the office
1098     before the member's death date in accordance with Section 49-11-612, the total amount
1099     received by the surviving spouses may not exceed the death benefits normally provided to one
1100     surviving spouse under this section.
1101          Section 37. Section 49-23-503 is amended to read:
1102          49-23-503. Death of active member in line of duty -- Payment of benefits.
1103          If an active member of this system dies, benefits are payable as follows:
1104          (1) If the death is classified by the office as a line-of-duty death, benefits are payable as
1105     follows:
1106          (a) If the member has accrued less than 20 years of public safety service or firefighter
1107     service credit, the surviving spouse [at the time of death] shall receive a lump sum equal to six
1108     months of the active member's final average salary and an allowance equal to 30% of the
1109     member's final average monthly salary.
1110          (b) If the member has accrued 20 or more years of public safety service or firefighter
1111     service credit, the member shall be considered to have retired with an Option One allowance
1112     calculated without an actuarial reduction under Section 49-23-304 and the surviving spouse [at

1113     the time of death] shall receive the allowance that would have been payable to the member.
1114          (2) (a) A volunteer firefighter is eligible for a line-of-duty death benefit under this
1115     section if the death results from external force, violence, or disease directly resulting from
1116     firefighter service.
1117          (b) The lowest monthly compensation of firefighters of a city of the first class in this
1118     state at the time of death shall be considered to be the final average monthly salary of a
1119     volunteer firefighter for purposes of computing these benefits.
1120          (c) Each volunteer fire department shall maintain a current roll of all volunteer
1121     firefighters which meet the requirements of Subsection 49-23-102(13) to determine the
1122     eligibility for this benefit.
1123          (3) (a) If the death is classified as a line-of-duty death by the office, death benefits are
1124     payable under this section and the surviving spouse [at the time of death] is not eligible for
1125     benefits under Section 49-23-502.
1126          (b) If the death is not classified as a line-of-duty death by the office, benefits are
1127     payable in accordance with Section 49-23-502.
1128          (4) (a) A surviving spouse who qualifies for a monthly benefit under this section shall
1129     apply in writing to the office.
1130          (b) The allowance shall begin on the first day of the month following the month in
1131     which the:
1132          (i) member or participant died, if the application is received by the office within 90
1133     days of the date of death of the member or participant; or
1134          (ii) application is received by the office, if the application is received by the office
1135     more than 90 days after the date of death of the member or participant.






Legislative Review Note
Office of Legislative Research and General Counsel