MINUTES OF THE

HOUSE RETIREMENT AND INDEPENDENT ENTITIES STANDING COMMITTEE

Room 20, House Building

                                                            February 20, 2015

 

Members Present:    Rep. Kraig Powell, Chair 

Rep. Rich Cunningham, Vice Chair

                                    Rep. Sophia DiCaro 

Rep. Susan Duckworth

                                    Rep. Brad Last 

Rep. Justin Miller

Rep. Marie Poulson

Rep. John Westwood

 

Members Absent:     Rep. Steve Eliason

 

Staff Present:            Mr. Benjamin N. Christensen, Policy Analyst

Ms. Kathy Gessel, Committee Secretary

 

Note: A list of visitors and a copy of handouts are filed with the committee minutes.


Vice Chair Cunningham called the meeting to order at 12:38 p.m.

 

MOTION:     Rep. Duckworth moved to approve the minutes of the February 13, 2015 meeting. The motion passed unanimously with Rep. Last absent for the vote.

 

H.B. 115         Public Safety Retirement for Dispatchers (Rep. K. Powell)


Rep. Powell explained the bill to the committee.

 

Spoke to the bill:        Dee Larsen, Legal Council, Utah Retirement Systems

 

Spoke for the bill:       Jeff Winterton, Wasatch County Sheriff's Office

Vaughn Howard, Fraternal Order of Police

Donna Walters, Bountiful Police Department

                                    Karl Kuehn, Layton Police Department

Kimi Mayo, citizen

Terry Shaw, Valley Emergency Communications Center

Melanie Crittenden, Summit County Sheriff's Office

 

MOTION:     Rep. Westwood moved to pass the bill out favorably. The motion passed unanimously with Rep. Last absent for the vote.

 

S.B. 41            Utah Science Center Authority Amendments (Sen. T. Weiler)


Sen. Weiler explained the bill to the committee.

 

MOTION:     Rep. Poulson moved to pass the bill out favorably. The motion passed unanimously with Rep. Last absent for the vote.

 

MOTION:     Rep. Miller moved to place S.B. 41 on the Consent Calendar. The motion passed unanimously.

 

H.B. 288         Line-of-duty Death Benefits for Peace Officers and Firefighters (Rep. P. Ray)


Rep. Ray explained the bill to the committee.

 

Spoke to the bill:        Dee Larsen, Legal Council, Utah Retirement Systems

 

Spoke for the bill:       Nanette Wride, citizen

                                    Shante Johnson, citizen

Todd Losser, Utah Public Employees' Association

Vaughn Howard, Fraternal Order of Police

Gary Hill, Utah League of Cities and Towns

Micheal Milllard, Salt Lake Police Association

                                    Todd Richardson, Davis County Sheriff's Department

 

MOTION:     Rep. Miller moved to amend the bill as follows:

 

1.    Page 3, Lines 76 through 83:   

 

76   (a) If the death is classified by the office as a line-of-duty death, the spouse at the time

77of death shall receive  :

(i)  a lump sum [of $1,500] equal to six months of the active member's final

78average salary  ;  and  

       (ii)     an allowance equal to 37.5% of the member's final average monthly salary.

79   (b) If the death is not classified by the office as a line-of-duty death, benefits are

80payable as follows:

81   (i) If the member has accrued two or more years of public safety service credit at the

82time of death, the death is considered a line-of-duty death and the {  benefit shall be paid  }  spouse at the time of death shall receive:

       (A)  a lump sum of $1,500; and

       (B)  an allowance  as

83provided under Subsection (1)(a)  (ii)  .

 

2.    Page 5, Line 147 through Page 6, Line 152: 

 

147 (a) If the death is classified by the office as a line-of-duty death, the spouse at the time

148of death shall receive  :

(i)  a lump sum [of $1,500] equal to six months of the active member's final

149average salary  ;  and  

       (ii)     an allowance equal to 37.5% of the member's final average monthly salary.

150 (b) If the death is not classified by the office as a line-of-duty death, and the member

151has accrued two or more years of public safety service credit at the time of death, the death is

152considered line-of-duty and the {  benefit shall be paid  }  spouse at the time of death shall receive:

       (i)    a lump sum of $1,500; and

       (ii)   an allowance  as provided under Subsection (1)(a)  (ii)  .

 

3.    Page 8, Lines 217 through 229:      

 

217 (i) If the member has accrued less than 20 years of firefighter service credit, the spouse

218at the time of death shall receive  :

(A)  a lump sum [of $1,500] equal to six months of the active

219member's final average salary  ;  and  

(B)  an allowance equal to 37.5% of the member's final average

220monthly salary.

221 (ii) If the member has accrued 20 or more years of firefighter service credit, the

222member shall be considered to have retired with an allowance calculated under Section

22349-16-402 and the spouse at the time of death shall receive the death benefit payable to a

224spouse under Section 49-16-504.

225 (b) If the death is not classified by the office as a line-of-duty death, the benefits are

226payable as follows:

227 (i) If the member has accrued five or more years of firefighter service credit, the death

228is considered line-of-duty and the {  same benefits are payable  }  spouse at time of death shall receive:

       (A)  a lump sum of $1,500; and

       (B)  an allowance  as established under Subsection

229(1)(a)  (i)(B)  .

 

4.    Page 11, Lines 326 through 329:    

 

326  (1)     An employer shall  notify the governor's office of the line-of-duty death of an active member.

(2)   The governor's office shall  ensure that the spouse, at the time of death of the active member, or

327the beneficiary are provided assistance to understand and apply for any death benefit for which

328the surviving spouse or beneficiaries may be eligible under this chapter, other Utah law, federal

329law, or local policy or ordinance.

 

The motion passed unanimously with Rep. Last absent for the vote.

 

MOTION:     Rep. Miller moved to pass the bill out favorably. The motion passed unanimously with Rep. Last absent for the vote.

 

MOTION:     Rep. Powell moved to adjourn the meeting. The motion passed unanimously with Rep. Last absent for the vote.

 

Vice Chair Cunningham adjourned the meeting at 1:45 p.m.

 

 

 

 

 

 

 

 

 

 

 

 

___________________________________

Rep. Kraig Powell, Chair