H.B. 6 Enrolled

SURVIVING SPOUSE PENSION
1997 GENERAL SESSION
STATE OF UTAH
Sponsor: Orville D. Carnahan
AN ACT RELATING TO PENSIONS; AMENDING ELIGIBILITY REQUIREMENTS FOR A
PUBLIC EMPLOYEE'S SURVIVING SPOUSE TO RECEIVE A RETIREMENT
BENEFIT; PROVIDING FOR RETROSPECTIVE OPERATION; PROVIDING AN
EFFECTIVE DATE; AND PROVIDING A COORDINATION CLAUSE.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
49-3-406, as last amended by Chapter 90, Laws of Utah 1994
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 49-3-406 is amended to read:
49-3-406. Death of married members -- Service retirement benefits to surviving
spouse.
(1) As used in this section, "member's full allowance" means the benefit calculated using
the formula under Subsection 49-3-402(2)(a) without an actuarial reduction.
[(1) A] (2) Beginning January 1, 1997, a member who has [25] 15 or more years of
credited service, age 60 with 20 or more years of credited service, age 62 with ten or more years
of credited service, or age 65 with four or more years of credited service, respectively, and who
dies leaving a spouse to whom the member has been married at least six months prior to the death
date, may, upon the request of the spouse, be considered to have retired on the first day of the
month following the month in which death occurred and retired under Plan Three.
[(2) The benefit calculation when there are 25 or more years of service shall be calculated
without an actuarial reduction.]
(3) The retirement benefit payable to a surviving spouse under Subsection (2) is:
(a) if the member has 25 or more years of credited service at the time of death, the
surviving spouse shall receive the member's full allowance;
(b) if the member has between 20-24 years of credited service and is not age 60 or older

at the time of death, the surviving spouse shall receive two-thirds of the member's full allowance;
(c) if the member has between 15-19 years of credited service and is not age 62 or older at
the time of death, the surviving spouse shall receive one-third of the member's full allowance; or
(d) if the member is age 60 or older with 20 or more years of credited service, age 62 or
older with 10 or more years of credited service, or age 65 or older with four or more years of credited
service at the time of death, the surviving spouse shall receive the benefit calculated using the
formula and the actuarial reduction under Subsections 49-3-402(2)(a) and (2)(b).
[(3)] (4) Benefits payable under this section are service retirement benefits and shall be paid
in addition to any other payments made under Section 49-3-701, except for a return of accumulated
contributions, and shall constitute a full and final settlement of the claim of the spouse or any other
beneficiary filing a claim for benefits under Section 49-3-701.
Section 2. Retrospective operation.
This act has retrospective operation to January 1, 1997.
Section 3. Effective date.
If approved by two-thirds of all the members elected to each house, this act takes effect upon
approval by the governor, or the day following the constitutional time limit of Utah Constitution
Article VII, Section 8, without the governor's signature, or in the case of a veto, the date of veto
override.
Section 4. Coordination clause.
If this bill, H.B. 1, Appropriations Act, and H.B. 2, Minimum School Program Act
Amendments, all pass:
(1) the additional cost of providing the benefit under this section shall be funded beginning
July 1, 1997, by means of an increase in the retirement contribution rate established by the
consulting actuary and approved by the board; and
(2) the contribution rate increase for public employees and educators under Subsection (1)
shall be funded in fiscal year 1997-98 for this additional compensation purpose with funds
appropriated in H.B. 1 and H.B. 2 for public employees and educators.

- 2 -