First Substitute H.B. 319

Representative Orville D. Carnahan proposes to substitute the following bill:

1 PUBLIC SAFETY RETIREMENT AMENDMENTS
2 1998 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Orville D. Carnahan
5 AN ACT RELATING TO RETIREMENT; AMENDING CERTAIN DEATH BENEFIT
6 PROVISIONS.
7 This act affects sections of Utah Code Annotated 1953 as follows:
8 AMENDS:
9 49-4a-701, as last amended by Chapter 285, Laws of Utah 1990
10 Be it enacted by the Legislature of the state of Utah:
11 Section 1. Section 49-4a-701 is amended to read:
12 49-4a-701. Death of active member in Division A -- Payment of benefits.
13 If an active member of the system enrolled in Division A under Section 49-4a-301 dies,
14 the following benefits are payable according to the conditions stipulated:
15 (1) [If] (a) Except as provided in Subsection (1)(b), if the death is classified as a
16 line-of-duty death, the dependent spouse shall receive a lump sum of $1,000 and a monthly
17 allowance equal to 30% of the deceased member's final average monthly salary.
18 (b) If the death is classified as a line-of-duty death, and the member has 20 or more years
19 of service credit, the member shall be considered to have retired with a monthly allowance
20 calculated under Subsection 49-4a-402(1) and the dependent spouse shall receive the death benefit
21 payable to a dependent spouse under Subsection 49-4a-704(1).
22 (2) If the death is not classified as a line-of-duty death, the following benefits are payable:
23 (a) If the member has less than ten years service credit at the time of death, the beneficiary
24 shall receive the sum of $1,000 or a refund of contributions, whichever amount is greater.
25 (b) If the member has ten or more years of service credit at the time of death, the

1 dependent spouse shall receive the sum of $500, plus a monthly allowance equal to 2% of the
2 deceased member's final average monthly salary, for each year of service credit standing to the
3 member's account, with a maximum of 30% allowed.
4 (3) No benefits are payable to minor children under Division A.
5 (4) If the benefit is not distributed under this section, and there is a beneficiary, the vested
6 contribution shall be paid to the beneficiary.

- 2 -