H.B. 6

1

SURVIVING SPOUSE PENSION
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Orville D. Carnahan
5 AN ACT RELATING TO PENSIONS; AMENDING ELIGIBILITY REQUIREMENTS FOR A
6 PUBLIC EMPLOYEE'S SURVIVING SPOUSE TO RECEIVE A RETIREMENT BENEFIT;
7 AND PROVIDING AN EFFECTIVE DATE.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 49-3-406, as last amended by Chapter 90, Laws of Utah 1994
11 Be it enacted by the Legislature of the state of Utah:
12 Section 1. Section 49-3-406 is amended to read:
13 49-3-406. Death of married members -- Service retirement benefits to surviving
14 spouse.
15 (1) As used in this section, "member's full allowance" means the benefit calculated using
16 the formula under Subsection 49-3-402(2)(a) without an actuarial reduction.
17 [(1)] (2) A member who has [25] 15 or more years of credited service, age 60 with 20 or
18 more years of credited service, age 62 with ten or more years of credited service, or age 65 with
19 four or more years of credited service, respectively, and who dies leaving a spouse to whom the
20 member has been married at least six months prior to the death date, may, upon the request of the
21 spouse, be considered to have retired on the first day of the month following the month in which
22 death occurred and retired under Plan Three.
23 [(2) The benefit calculation when there are 25 or more years of service shall be calculated
24 without an actuarial reduction.]
25 (3) The retirement benefit payable to a surviving spouse under Subsection (1) is:
26 (a) if the member has 25 or more years of credited service at the time of death, the
27 surviving spouse shall receive the member's full allowance;

1 (b) if the member has between 20-24 years of credited service and is not 60 at the time of
2 death, the surviving spouse shall receive two-thirds of the member's full allowance;
3 (c) if the member has between 15-19 years of credited service at the time of death, the
4 surviving spouse shall receive one-third of the member's full allowance; or
5 (d) if the member is age 60 with 20 or more years of credited service, age 62 with 10 or
6 more years of credited service, or age 65 with four or more years of credited service at the time of
7 death, the surviving spouse shall receive the benefit calculated using the formula and the actuarial
8 reduction under Subsections 49-3-402(2)(a) and (2)(b).
9 [(3)] (4) Benefits payable under this section are service retirement benefits and shall be
10 paid in addition to any other payments made under Section 49-3-701, except for a return of
11 accumulated contributions, and shall constitute a full and final settlement of the claim of the
12 spouse or any other beneficiary filing a claim for benefits under Section 49-3-701.
13 Section 2. Effective date.
14 This act takes effect on July 1, 1997.




Legislative Review Note
as of 11-7-96 11:09 AM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

Committee Note

The Retirement Interim Committee recommended this bill.

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