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

1 surviving spouse shall receive the member's full allowance;
2 (b) if the member has between 20-24 years of credited service and is not age 60 or older
3 at the time of death, the surviving spouse shall receive two-thirds of the member's full allowance;
4 (c) if the member has between 15-19 years of credited service and is not age 62 or older
5 at the time of death, the surviving spouse shall receive one-third of the member's full allowance;
6 or
7 (d) if the member is age 60 or older with 20 or more years of credited service, age 62 or
8 older with 10 or more years of credited service, or age 65 or older with four or more years of
9 credited service at the time of death, the surviving spouse shall receive the benefit calculated using
10 the formula and the actuarial reduction under Subsections 49-3-402(2)(a) and (2)(b).
11 [(3)] (4) Benefits payable under this section are service retirement benefits and shall be
12 paid in addition to any other payments made under Section 49-3-701, except for a return of
13 accumulated contributions, and shall constitute a full and final settlement of the claim of the
14 spouse or any other beneficiary filing a claim for benefits under Section 49-3-701.
15 Section 2. Retrospective operation.
16 This act has retrospective operation to January 1, 1997.
17 Section 3. Effective date.
18 If approved by two-thirds of all the members elected to each house, this act takes effect
19 upon approval by the governor, or the day following the constitutional time limit of Utah
20 Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto, the
21 date of veto override.

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