| Members Present: Sen. Brian Zehnder, Chair Sen. Gene Davis Sen. Lincoln Fillmore Sen. Daniel Hemmert | Sen. Karen Mayne Sen. Todd Weiler Staff Present: Mr. Alex R. Janak, Policy Analyst Ms. An Bradshaw, Committee Secretary |
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Note: A copy of related materials and an audio recording of the
meeting can be found at www.le.utah.gov.
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| Chair Zehnder called the meeting to order at 12:30p.m.. |
| 1. S.B. 95 Educator Postretirement Reemployment Amendments (Iwamoto, J.) |
| Sen. Jani Iwamoto presented the bill to the committee with the assistance of Mr. Dee Larsen, General Counsel, Utah Retirement Systems. |
| Mr. Terry Shoemaker, Associate Executive Director, Utah School Boards Association, spoke in favor of the bill. |
| Mr. Jay Blaine, Director of Policy, Utah Educators Association, spoke in favor of the bill. |
| Ms. Mozelle Orton, Executive Director-Human Resource Services, Salt Lake City School District, spoke in favor of the bill. |
| MOTION: Sen. Hemmert moved to adopt Amendment #1. The motion passed with a vote of 4-0-2. | |||
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Amendment 1 Page 1, Lines 19 through 20
S.B. 95 19
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is reemployed by a different participating employer than the participating20
employer that employed the retiree at the time of retirement except in limited circumstances ; and Page 1, Line 22 22
certain circumstances;▸ Page 6, Line 152 152
educator as defined under Section
{
Page 7, Lines 193 through 195 193
(8) Notwithstanding Subsections (4)(a)(i)(B) and (5)(b)(ii), a reemployed retiree that
194
was employed by :
(a) the State of Utah at the time of retirement may be reemployed by the state 195
under Subsection (4) or (5) if the reemployment is with a different agency or office
{
(b) a participating employer located within a county of the fourth, fifth, or sixth class, as classified under Section 17-50-501, may be reemployed by that participating employer under Subsection (4) or (5) if before the retiree is reemployed: (i) the participating employer certifies to the office, under penalty of fraud, the facts and circumstances of rehire, including any prearrangement for reemployment before the member's retirement date; and (ii) the office performs a facts and circumstances review and determines there was a bona fide termination of employment with that participating employer, including the specific finding that there was not a prearrangement for reemployment before the member's retirement date. Page 7, Line 206 206
under Section 49-11-1204 or 49-11-1205.(4) The retirement application form submitted to the office shall contain the retiring member's certification, under penalty of fraud, of whether there was a prearrangement of reemployment before the retiree's retirement date with the participating employer. |
| Yeas - 4 | Nays-0 | Abs-2 | |
| Sen. L. Fillmore Sen. D. Hemmert Sen. K. Mayne Sen. B. Zehnder | Sen. G. Davis Sen. T. Weiler |
| MOTION: Sen. Hemmert moved to pass S.B. 95 out favorably as amended. The motion passed with a vote of 4-0-2. | |||
| Yeas - 4 | Nays-0 | Abs-2 | |
| Sen. L. Fillmore Sen. D. Hemmert Sen. K. Mayne Sen. B. Zehnder | Sen. G. Davis Sen. T. Weiler |
| 2. S.B. 113 Postretirement Reemployment Revisions (Iwamoto, J.) |
| Sen. Jani Iwamoto presented the bill to the committee. |
| Mr. Tom Ross, President, Utah Chiefs of Police Association, spoke in favor of the bill. |
| Ms. Rosie Rivera, Sheriff, Salt Lake County, spoke in favor of the bill. |
| Ms. Sharon Burkinshaw, Community Coalition for Police Reform, spoke in favor of the bill. |
| Mr. Dan Peterson, Chief, Unified Fire Authority, spoke in favor of the bill. |
| Mr. John Hiskey, Senior Advisor, Utah League of Cities and Towns, spoke in favor of the bill. |
| Mr. Gary Giles, Chief of Police, Orem, spoke in favor of the bill. |
| MOTION: Sen. Davis moved to amend S.B. 113 with Amendment #1. The motion passed with a vote of 5-0-1. | |||
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Amendment 1 Page 1, Lines 20 through 21
S.B. 113 20
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is reemployed by a different participating employer than the participating21
employer that employed the retiree at the time of retirement except in limited circumstances ; Page 1, Line 23 23
certain circumstances;▸ Page 6, Lines 165 through 166 165
(c) The office shall, on or before November 30, 2024, study, evaluate, and report on the
166
actuarial costs and effectiveness of implementing the
{
Page 7, Lines 196 through 198 196
(8) Notwithstanding Subsections (4)(a)(i)(B) and (5)(b)(ii), a reemployed retiree that
197
was employed by :
(a) the state of Utah at the time of retirement may be reemployed by the state { 198
(b) a participating employer located within a county of the fourth, fifth, or sixth class, as classified under Section 17-50-501, may be reemployed by that participating employer under Subsection (4) or (5) if before the retiree is reemployed: (i) the participating employer certifies to the office, under penalty of fraud, the facts and circumstances of rehire, including any prearrangement for reemployment before the member's retirement date; and (ii) the office performs a facts and circumstances review and determines there was a bona fide termination of employment with that participating employer, including the specific finding that there was not a prearrangement for reemployment before the member's retirement date. Page 7, Line 209 through Page 8, Line 210 209
under Section 49-11-1204 or 49-11-1205.(4) The retirement application form submitted to the office shall contain the retiring member's certification, under penalty of fraud, of whether there was a prearrangement of reemployment before the retiree's retirement date with the participating employer. 210
Section 4. Section 49-11-1207 is amended to read: Page 8, Line 230 230
delinquent retiree surcharge and amortization rate contributions, plus interest , under Section
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| Yeas - 5 | Nays-0 | Abs-1 | |
| Sen. G. Davis Sen. L. Fillmore Sen. D. Hemmert Sen. K. Mayne Sen. B. Zehnder | Sen. T. Weiler |
| MOTION: Sen. Davis moved to pass S.B. 113 out favorably as amended. The motion passed with a vote of 5-0-1. | |||
| Yeas - 5 | Nays-0 | Abs-1 | |
| Sen. G. Davis Sen. L. Fillmore Sen. D. Hemmert Sen. K. Mayne Sen. B. Zehnder | Sen. T. Weiler |
| 3. S.B. 73 Public Employees' Benefit and Insurance Program Amendments (Hemmert, D.) |
| Sen. Daniel Hemmert presented the bill to the committee. |
| MOTION: Sen. Fillmore moved to delete S.B. 73 and replace it with 1st Sub. S.B. 73. The motion passed with a vote of 4-1-1. | |||
| Yeas - 4 | Nays-1 | Abs-1 | |
| Sen. D. Hemmert Sen. K. Mayne Sen. T. Weiler Sen. B. Zehnder | Sen. G. Davis | Sen. L. Fillmore |
| Mr. Todd Losser, Utah Public Employees Association, spoke in favor of the bill. |
| Mr. Chet Loftis, Director, PEHP, spoke to the bill. |
| MOTION: Sen. Hemmert moved to pass 1st Sub. S.B. 73 out favorably. The motion passed with a vote of 6-0-0. | |||
| Yeas - 6 | Nays-0 | Abs-0 | |
| Sen. G. Davis Sen. L. Fillmore Sen. D. Hemmert Sen. K. Mayne Sen. T. Weiler Sen. B. Zehnder |
| 4. H.B. 28 Retirement Systems Amendments (Moss, J.) |
| Rep. Jefferson Moss presented the bill to the committee. |
| MOTION: Sen. Mayne moved to pass H.B. 28 out favorably. The motion passed with a vote of 5-0-1. | |||
| Yeas - 5 | Nays-0 | Abs-1 | |
| Sen. L. Fillmore Sen. D. Hemmert Sen. K. Mayne Sen. T. Weiler Sen. B. Zehnder | Sen. G. Davis |
| MOTION: Sen. Hemmert moved to adjourn. The motion passed with a vote of 5-0-1. | |||
| Yeas - 5 | Nays-0 | Abs-1 | |
| Sen. L. Fillmore Sen. D. Hemmert Sen. K. Mayne Sen. T. Weiler Sen. B. Zehnder | Sen. G. Davis |
| Chair Zehnder adjourned the meeting at 1:12 p.m. |