1     
PHASED RETIREMENT AMENDMENTS

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Daniel Hemmert

5     
House Sponsor: Jefferson Moss

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     provisions relating to phased retirement.
13     Highlighted Provisions:
14          This bill:
15          ▸     amends definitions;
16          ▸     modifies the application procedures for a phased retirement agreement;
17          ▸     modifies provisions regarding the beginning and termination periods for phased
18     retirement employment; and
19          ▸     makes technical changes.
20     Money Appropriated in this Bill:
21          None
22     Other Special Clauses:
23          This bill provides a special effective date.
24     Utah Code Sections Affected:
25     AMENDS:
26          49-11-1301, as enacted by Laws of Utah 2016, Chapter 280
27          49-11-1303, as enacted by Laws of Utah 2016, Chapter 280

28     

29     Be it enacted by the Legislature of the state of Utah:
30          Section 1. Section 49-11-1301 is amended to read:
31          49-11-1301. Definitions.
32          As used in this part:
33          (1) "Amortization rate" means the amortization rate, as defined in Section 49-11-102,
34     to be applied to the system that would have covered the retiree if the retiree's part-time position
35     were considered to be an eligible, full-time position within that system.
36          (2) "Full-time" means a:
37          (a) regular full-time employee whose term of employment for a participating employer
38     contemplates continued employment during a fiscal or calendar year and whose employment
39     normally requires an average of 40 hours or more per week and who receives benefits normally
40     provided by the participating employer;
41          (b) teacher whose term of employment for a participating employer contemplates
42     continued employment during a school year and who teaches full time;
43          (c) firefighter service employee whose employment normally requires an average of
44     2,080 hours of regularly scheduled firefighter service per year; and
45          (d) public safety service employee whose employment normally requires an average of
46     2,080 hours of regularly scheduled public safety service per year.
47          (3) "Half-time" means a:
48          (a) regular employee whose term of employment for a participating employer
49     contemplates continued employment during a fiscal or calendar year and whose employment
50     normally requires an average of 20 hours per week and who receives benefits normally
51     provided by the participating employer;
52          (b) teacher whose term of employment for a participating employer contemplates
53     continued employment during a school year and who teaches half time;
54          (c) firefighter service employee whose employment normally requires an average of
55     1,040 hours of regularly scheduled firefighter service per year; and
56          (d) public safety service employee whose employment normally requires an average of
57     1,040 hours of regularly scheduled public safety service per year.
58          (4) "Phased retirement" means continuing employment on a half-time basis of a retiree

59     with the same participating employer [immediately after] following the retiree's retirement date
60     while the retiree receives a reduced retirement allowance.
61          Section 2. Section 49-11-1303 is amended to read:
62          49-11-1303. Phased retirement -- Eligibility -- Restrictions -- Amortization rate.
63          (1) A retiree is eligible for employment with only one position for only one
64     participating employer under phased retirement following the retiree's retirement date if:
65          (a) the retiree:
66          (i) is eligible to retire and retires in accordance with this title;
67          (ii) has been employed full time, for not less than four years immediately before the
68     retiree's retirement date;
69          (iii) completes and submits all required retirement forms to the office; and
70          [(iv) completes and submits any phased retirement forms required by rules established
71     under Section 49-11-1308; and]
72          (iv) prior to the retiree's retirement date, completes and submits all required phased
73     retirement forms to the office; and
74          (b) the retiree and the participating employer enter into an agreement described under
75     Section 49-11-1304.
76          (2) A retiree shall begin phased retirement employment after the retiree's retirement
77     date but no later than 120 days after the retiree's retirement date.
78          [(2)] (3) For the period of the phased retirement:
79          (a) the retiree receives 50% of the retiree's monthly allowance;
80          (b) the participating employer employs the retiree on a half-time basis;
81          (c) a participating employer that employs the retiree shall contribute to the office the
82     amortization rate;
83          (d) the retiree or an alternate payee may not receive an annual cost-of-living adjustment
84     to the retiree's or alternate payee's allowance;
85          (e) any death benefits payable to a surviving spouse or other beneficiary shall be paid
86     based on 100% of the retiree's retirement allowance;
87          (f) the retiree may not receive any employer provided retirement benefits, service credit
88     accruals, or any retirement related contributions from the participating employer; and
89          (g) except as specified under this section, a retiree working under phased retirement

90     shall be treated in the same manner as any other part-time employee working a similar position
91     and number of hours with the participating employer, including:
92          (i) any non-retirement related benefits;
93          (ii) leave benefits;
94          (iii) medical benefits; and
95          (iv) other benefits.
96          (4) The office shall begin paying 100% of the retiree's retirement allowance on the first
97     day of the month following the month in which the office receives written notification and any
98     required supporting documentation that the retiree's phased retirement has been irrevocably
99     terminated.
100          Section 3. Effective date.
101          If approved by two-thirds of all the members elected to each house, this bill takes effect
102     upon approval by the governor, or the day following the constitutional time limit of Utah
103     Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
104     the date of veto override.






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