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First Substitute H.B. 250
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5 This act recodifies the Retirement Code. This act has an immediate effective date. h This act
5a provides a coordination clause. h
6 This act affects sections of Utah Code Annotated 1953 as follows:
7 AMENDS:
8 31A-22-703, as last amended by Chapter 116, Laws of Utah 2001
9 35A-4-502, as last amended by Chapter 116, Laws of Utah 1998
10 51-7-4, as last amended by Chapter 222, Laws of Utah 2000
11 53-6-107, as last amended by Chapter 79, Laws of Utah 1996
12 53-7-105, as last amended by Chapter 282, Laws of Utah 1998
13 53-13-108, as renumbered and amended by Chapter 282, Laws of Utah 1998
14 53A-17a-125, as last amended by Chapter 335, Laws of Utah 2001
15 63-95-102, as last amended by Chapters 210 and 222, Laws of Utah 2000
16 63-95-202, as enacted by Chapter 210, Laws of Utah 2000
17 63E-1-102 (Effective 07/01/02), as enacted by Chapter 201, Laws of Utah 2001
18 63E-1-202 (Effective 07/01/02), as enacted by Chapter 201, Laws of Utah 2001
19 67-8-3, as last amended by Chapter 299, Laws of Utah 1995
20 67-20-7, as last amended by Chapter 240, Laws of Utah 1996
21 67-22-1, as last amended by Chapters 116 and 264, Laws of Utah 2001
22 67-22-2, as last amended by Chapters 116 and 264, Laws of Utah 2001
23 78-7-35, as renumbered and amended by Chapter 46, Laws of Utah 2001
24 ENACTS:
25 49-11-603, Utah Code Annotated 1953
26 49-11-604, Utah Code Annotated 1953
27 49-11-605, Utah Code Annotated 1953
28 49-11-606, Utah Code Annotated 1953
29 49-11-620, Utah Code Annotated 1953
30 49-11-802, Utah Code Annotated 1953
31 49-12-302, Utah Code Annotated 1953
32 49-13-302, Utah Code Annotated 1953
33 49-14-505, Utah Code Annotated 1953
34 49-15-505, Utah Code Annotated 1953
35 49-16-203, Utah Code Annotated 1953
36 49-16-505, Utah Code Annotated 1953
37 49-16-506, Utah Code Annotated 1953
38 49-17-403, Utah Code Annotated 1953
39 49-19-102, Utah Code Annotated 1953
40 49-19-402, Utah Code Annotated 1953
41 49-19-403, Utah Code Annotated 1953
42 49-19-404, Utah Code Annotated 1953
43 49-20-403, Utah Code Annotated 1953
44 RENUMBERS AND AMENDS:
45 49-11-101, (Renumbered from 49-1-101, as last amended by Chapter 231, Laws of Utah
46 1996)
47 49-11-102, (Renumbered from 49-1-103, as last amended by Chapter 73, Laws of Utah
48 2001)
49 49-11-103, (Renumbered from 49-1-102, as last amended by Chapter 231, Laws of Utah
50 1996)
51 49-11-201, (Renumbered from 49-1-201, as last amended by Chapter 210, Laws of Utah
52 2000)
53 49-11-202, (Renumbered from 49-1-202, as last amended by Chapter 243, Laws of Utah
54 1996)
55 49-11-203, (Renumbered from 49-1-203, as last amended by Chapter 31, Laws of Utah
56 1997)
57 49-11-204, (Renumbered from 49-1-204, as last amended by Chapter 231, Laws of Utah
58 1996)
59 49-11-301, (Renumbered from 49-1-301, as last amended by Chapter 283, Laws of Utah
60 2000)
61 49-11-302, (Renumbered from 49-1-302, as last amended by Chapter 79, Laws of Utah
62 1996)
63 49-11-303, (Renumbered from 49-1-303, as enacted by Chapter 1, Laws of Utah 1987)
64 49-11-304, (Renumbered from 49-1-304, as last amended by Chapter 231, Laws of Utah
65 1996)
66 49-11-305, (Renumbered from 49-1-305, as enacted by Chapter 1, Laws of Utah 1987)
67 49-11-401, (Renumbered from 49-1-401, as last amended by Chapter 31, Laws of Utah
68 1997)
69 49-11-402, (Renumbered from 49-1-402, as last amended by Chapter 197, Laws of Utah
70 1995)
71 49-11-403, (Renumbered from 49-1-407, as last amended by Chapter 141, Laws of Utah
72 2001)
73 49-11-404, (Renumbered from 49-1-404, as last amended by Chapter 231, Laws of Utah
74 1996)
75 49-11-405, (Renumbered from 49-1-406, as last amended by Chapter 31, Laws of Utah
76 1997)
77 49-11-501, (Renumbered from 49-1-502, as last amended by Chapter 141, Laws of Utah
78 2001)
79 49-11-502, (Renumbered from 49-1-503, as last amended by Chapter 292, Laws of Utah
80 1999)
81 49-11-503, (Renumbered from 49-1-504, as last amended by Chapter 292, Laws of Utah
82 1999)
83 49-11-504, (Renumbered from 49-1-505, as last amended by Chapter 141, Laws of Utah
84 2001)
85 49-11-601, (Renumbered from 49-1-601, as last amended by Chapter 141, Laws of Utah
86 2001)
87 49-11-602, (Renumbered from 49-1-602, as last amended by Chapter 157, Laws of Utah
88 1992)
89 49-11-607, (Renumbered from 49-1-603, as last amended by Chapter 81, Laws of Utah
90 1989)
91 49-11-608, (Renumbered from 49-1-604, as last amended by Chapter 81, Laws of Utah
92 1989)
93 49-11-609, (Renumbered from 49-1-606, as last amended by Chapter 141, Laws of Utah
94 2001)
95 49-11-610, (Renumbered from 49-1-607, as last amended by Chapter 31, Laws of Utah
96 1997)
97 49-11-611, (Renumbered from 49-1-608, as last amended by Chapters 2 and 7, Laws of
98 Utah 1989, Second Special Session)
99 49-11-612, (Renumbered from 49-1-609, as last amended by Chapter 141, Laws of Utah
100 2001)
101 49-11-613, (Renumbered from 49-1-610, as last amended by Chapter 141, Laws of Utah
102 2001)
103 49-11-614, (Renumbered from 49-1-613, as enacted by Chapter 273, Laws of Utah 1990)
104 49-11-615, (Renumbered from 49-1-614, as enacted by Chapter 273, Laws of Utah 1990)
105 49-11-616, (Renumbered from 49-1-615, as enacted by Chapter 229, Laws of Utah 1991)
106 49-11-617, (Renumbered from 49-1-616, as enacted by Chapter 226, Laws of Utah 1993)
107 49-11-618, (Renumbered from 49-1-403, as enacted by Chapter 1, Laws of Utah 1987)
108 49-11-619, (Renumbered from 49-1-405, as enacted by Chapter 285, Laws of Utah 1990)
109 49-11-701, (Renumbered from 49-1-701, as last amended by Chapter 90, Laws of Utah
110 1994)
111 49-11-801, (Renumbered from 49-1-611, as last amended by Chapter 267, Laws of Utah
112 1998)
113 49-12-101, (Renumbered from 49-2-101, as enacted by Chapter 1, Laws of Utah 1987)
114 49-12-102, (Renumbered from 49-2-103, as last amended by Chapter 141, Laws of Utah
115 2001)
116 49-12-103, (Renumbered from 49-2-201, as enacted by Chapter 1, Laws of Utah 1987)
117 49-12-104, (Renumbered from 49-2-202, as enacted by Chapter 1, Laws of Utah 1987)
118 49-12-201, (Renumbered from 49-2-203, as enacted by Chapter 1, Laws of Utah 1987)
119 49-12-202, (Renumbered from 49-2-204, as last amended by Chapter 220, Laws of Utah
120 2000)
121 49-12-203, (Renumbered from 49-2-205, as last amended by Chapter 31, Laws of Utah
122 1997)
123 49-12-204, (Renumbered from 49-2-206, as enacted by Chapter 1, Laws of Utah 1987)
124 49-12-301, (Renumbered from 49-2-301, as last amended by Chapter 157, Laws of Utah
125 1992)
126 49-12-401, (Renumbered from 49-2-401, as last amended by Chapter 292, Laws of Utah
127 1999)
128 49-12-402, (Renumbered from 49-2-402, as last amended by Chapter 10, Laws of Utah
129 1997)
130 49-12-403, (Renumbered from 49-2-404, as enacted by Chapter 1, Laws of Utah 1987)
131 49-12-404, (Renumbered from 49-2-405, as last amended by Chapter 197, Laws of Utah
132 1995)
133 49-12-405, (Renumbered from 49-2-406, as last amended by Chapter 267, Laws of Utah
134 1998)
135 49-12-406, (Renumbered from 49-2-409, as enacted by Chapter 1, Laws of Utah 1987)
136 49-12-407, (Renumbered from 49-2-601, as last amended by Chapter 157, Laws of Utah
137 1992)
138 49-12-408, (Renumbered from 49-2-602, as last amended by Chapter 353, Laws of Utah
139 2000)
140 49-12-501, (Renumbered from 49-2-701, as last amended by Chapter 90, Laws of Utah
141 1994)
142 49-12-601, (Renumbered from 49-2-503, as enacted by Chapter 1, Laws of Utah 1987)
143 49-12-701, (Renumbered from 49-2-802, as last amended by Chapter 226, Laws of Utah
144 1993)
145 49-13-101, (Renumbered from 49-3-101, as enacted by Chapter 1, Laws of Utah 1987)
146 49-13-102, (Renumbered from 49-3-103, as last amended by Chapter 141, Laws of Utah
147 2001)
148 49-13-103, (Renumbered from 49-3-201, as enacted by Chapter 1, Laws of Utah 1987)
149 49-13-104, (Renumbered from 49-3-202, as enacted by Chapter 1, Laws of Utah 1987)
150 49-13-201, (Renumbered from 49-3-203, as enacted by Chapter 1, Laws of Utah 1987)
151 49-13-202, (Renumbered from 49-3-204, as last amended by Chapter 220, Laws of Utah
152 2000)
153 49-13-203, (Renumbered from 49-3-206, as last amended by Chapter 141, Laws of Utah
154 2001)
155 49-13-204, (Renumbered from 49-3-207, as enacted by Chapter 1, Laws of Utah 1987)
156 49-13-205, (Renumbered from 49-3-205, as last amended by Chapter 46, Laws of Utah
157 1995)
158 49-13-301, (Renumbered from 49-3-301, as last amended by Chapter 157, Laws of Utah
159 1992)
160 49-13-303, (Renumbered from 49-3-302, as last amended by Chapter 157, Laws of Utah
161 1992)
162 49-13-401, (Renumbered from 49-3-401, as last amended by Chapter 292, Laws of Utah
163 1999)
164 49-13-402, (Renumbered from 49-3-402, as last amended by Chapter 231, Laws of Utah
165 1996)
166 49-13-403, (Renumbered from 49-3-404, as enacted by Chapter 1, Laws of Utah 1987)
167 49-13-404, (Renumbered from 49-3-405, as last amended by Chapter 197, Laws of Utah
168 1995)
169 49-13-405, (Renumbered from 49-3-406, as last amended by Chapter 267, Laws of Utah
170 1998)
171 49-13-406, (Renumbered from 49-3-409, as enacted by Chapter 1, Laws of Utah 1987)
172 49-13-407, (Renumbered from 49-3-601, as enacted by Chapter 1, Laws of Utah 1987)
173 49-13-408, (Renumbered from 49-3-410, as last amended by Chapter 141, Laws of Utah
174 2001)
175 49-13-501, (Renumbered from 49-3-701, as last amended by Chapters 12 and 90, Laws of
176 Utah 1994)
177 49-13-701, (Renumbered from 49-3-802, as last amended by Chapter 226, Laws of Utah
178 1993)
179 49-14-101, (Renumbered from 49-4-101, as enacted by Chapter 1, Laws of Utah 1987)
180 49-14-102, (Renumbered from 49-4-103, as last amended by Chapter 92, Laws of Utah
181 1999)
182 49-14-103, (Renumbered from 49-4-201, as enacted by Chapter 1, Laws of Utah 1987)
183 49-14-104, (Renumbered from 49-4-202, as enacted by Chapter 1, Laws of Utah 1987)
184 49-14-201, (Renumbered from 49-4-203, as last amended by Chapter 92, Laws of Utah
185 1999)
186 49-14-202, (Renumbered from 49-4-204, as enacted by Chapter 1, Laws of Utah 1987)
187 49-14-203, (Renumbered from 49-4-205, as last amended by Chapter 110, Laws of Utah
188 2001)
189 49-14-301, (Renumbered from 49-4-301, as last amended by Chapter 169, Laws of Utah
190 1996)
191 49-14-401, (Renumbered from 49-4-401, as last amended by Chapter 292, Laws of Utah
192 1999)
193 49-14-402, (Renumbered from 49-4-402, as enacted by Chapter 1, Laws of Utah 1987)
194 49-14-403, (Renumbered from 49-4-601, as last amended by Chapter 31, Laws of Utah
195 1997)
196 49-14-501, (Renumbered from 49-4-701, as last amended by Chapter 285, Laws of Utah
197 1990)
198 49-14-502, (Renumbered from 49-4-702, as enacted by Chapter 1, Laws of Utah 1987)
199 49-14-503, (Renumbered from 49-4-703, as last amended by Chapter 292, Laws of Utah
200 1999)
201 49-14-504, (Renumbered from 49-4-704, as last amended by Chapter 141, Laws of Utah
202 2001)
203 49-15-101, (Renumbered from 49-4a-101, as enacted by Chapter 260, Laws of Utah 1989)
204 49-15-102, (Renumbered from 49-4a-103, as last amended by Chapter 92, Laws of Utah
205 1999)
206 49-15-103, (Renumbered from 49-4a-201, as enacted by Chapter 260, Laws of Utah 1989)
207 49-15-104, (Renumbered from 49-4a-202, as enacted by Chapter 260, Laws of Utah 1989)
208 49-15-201, (Renumbered from 49-4a-203, as last amended by Chapter 92, Laws of Utah
209 1999)
210 49-15-202, (Renumbered from 49-4a-204, as enacted by Chapter 260, Laws of Utah 1989)
211 49-15-203, (Renumbered from 49-4a-206, as last amended by Chapter 305, Laws of Utah
212 1999)
213 49-15-204, (Renumbered from 49-4a-205, as last amended by Chapter 268, Laws of Utah
214 1998)
215 49-15-301, (Renumbered from 49-4a-301, as last amended by Chapter 157, Laws of Utah
216 1992)
217 49-15-401, (Renumbered from 49-4a-401, as last amended by Chapter 292, Laws of Utah
218 1999)
219 49-15-402, (Renumbered from 49-4a-402, as last amended by Chapter 273, Laws of Utah
220 1990)
221 49-15-403, (Renumbered from 49-4a-601, as enacted by Chapter 260, Laws of Utah 1989)
222 49-15-501, (Renumbered from 49-4a-701, as last amended by Chapter 366, Laws of Utah
223 1998)
224 49-15-502, (Renumbered from 49-4a-702, as enacted by Chapter 260, Laws of Utah 1989)
225 49-15-503, (Renumbered from 49-4a-703, as last amended by Chapter 292, Laws of Utah
226 1999)
227 49-15-504, (Renumbered from 49-4a-704, as last amended by Chapter 141, Laws of Utah
228 2001)
229 49-16-101, (Renumbered from 49-5-101, as enacted by Chapter 1, Laws of Utah 1987)
230 49-16-102, (Renumbered from 49-5-103, as last amended by Chapter 73, Laws of Utah
231 2001)
232 49-16-103, (Renumbered from 49-5-201, as enacted by Chapter 1, Laws of Utah 1987)
233 49-16-104, (Renumbered from 49-5-202, as enacted by Chapter 1, Laws of Utah 1987)
234 49-16-201, (Renumbered from 49-5-203, as last amended by Chapter 283, Laws of Utah
235 2000)
236 49-16-202, (Renumbered from 49-5-204, as enacted by Chapter 1, Laws of Utah 1987)
237 49-16-301, (Renumbered from 49-5-301, as last amended by Chapters 131 and 292, Laws
238 of Utah 1999)
239 49-16-401, (Renumbered from 49-5-401, as last amended by Chapter 292, Laws of Utah
240 1999)
241 49-16-402, (Renumbered from 49-5-402, as last amended by Chapter 51, Laws of Utah
242 1990)
243 49-16-403, (Renumbered from 49-5-601, as last amended by Chapter 31, Laws of Utah
244 1997)
245 49-16-501, (Renumbered from 49-5-701, as last amended by Chapter 293, Laws of Utah
246 1999)
247 49-16-502, (Renumbered from 49-5-702, as last amended by Chapter 267, Laws of Utah
248 1998)
249 49-16-503, (Renumbered from 49-5-703, as last amended by Chapter 90, Laws of Utah
250 1994)
251 49-16-504, (Renumbered from 49-5-704, as last amended by Chapter 141, Laws of Utah
252 2001)
253 49-16-601, (Renumbered from 49-5-501, as last amended by Chapter 283, Laws of Utah
254 2000)
255 49-16-602, (Renumbered from 49-5-502, as last amended by Chapter 141, Laws of Utah
256 2001)
257 49-16-603, (Renumbered from 49-5-503, as enacted by Chapter 1, Laws of Utah 1987)
258 49-16-701, (Renumbered from 49-5-802, as enacted by Chapter 1, Laws of Utah 1987)
259 49-17-101, (Renumbered from 49-6-101, as enacted by Chapter 1, Laws of Utah 1987)
260 49-17-102, (Renumbered from 49-6-103, as last amended by Chapter 31, Laws of Utah
261 1997)
262 49-17-103, (Renumbered from 49-6-201, as last amended by Chapter 198, Laws of Utah
263 1996)
264 49-17-104, (Renumbered from 49-6-202, as enacted by Chapter 1, Laws of Utah 1987)
265 49-17-201, (Renumbered from 49-6-203, as last amended by Chapter 198, Laws of Utah
266 1996)
267 49-17-301, (Renumbered from 49-6-301, as last amended by Chapter 198, Laws of Utah
268 1996)
269 49-17-401, (Renumbered from 49-6-401, as last amended by Chapter 292, Laws of Utah
270 1999)
271 49-17-402, (Renumbered from 49-6-402, as last amended by Chapter 75, Laws of Utah
272 1990)
273 49-17-404, (Renumbered from 49-6-404, as last amended by Chapter 7, Laws of Utah
274 1991, Second Special Session)
275 49-17-405, (Renumbered from 49-6-601, as enacted by Chapter 1, Laws of Utah 1987)
276 49-17-501, (Renumbered from 49-6-701, as last amended by Chapter 285, Laws of Utah
277 1990)
278 49-17-502, (Renumbered from 49-6-702, as enacted by Chapters 1 and 168, Laws of Utah
279 1987)
280 49-17-701, (Renumbered from 49-6-801, as enacted by Chapter 84, Laws of Utah 1996)
281 49-18-101, (Renumbered from 49-6a-101, as enacted by Chapter 356, Laws of Utah 1997)
282 49-18-102, (Renumbered from 49-6a-103, as enacted by Chapter 356, Laws of Utah 1997)
283 49-18-103, (Renumbered from 49-6a-201, as enacted by Chapter 356, Laws of Utah 1997)
284 49-18-104, (Renumbered from 49-6a-202, as enacted by Chapter 356, Laws of Utah 1997)
285 49-18-201, (Renumbered from 49-6a-203, as enacted by Chapter 356, Laws of Utah 1997)
286 49-18-301, (Renumbered from 49-6a-301, as enacted by Chapter 356, Laws of Utah 1997)
287 49-18-401, (Renumbered from 49-6a-401, as last amended by Chapter 292, Laws of Utah
288 1999)
289 49-18-402, (Renumbered from 49-6a-402, as enacted by Chapter 356, Laws of Utah 1997)
290 49-18-403, (Renumbered from 49-6a-501, as enacted by Chapter 356, Laws of Utah 1997)
291 49-18-501, (Renumbered from 49-6a-601, as enacted by Chapter 356, Laws of Utah 1997)
292 49-18-502, (Renumbered from 49-6a-602, as enacted by Chapter 356, Laws of Utah 1997)
293 49-18-701, (Renumbered from 49-6a-701, as enacted by Chapter 267, Laws of Utah 1998)
294 49-19-101, (Renumbered from 49-7-101, as enacted by Chapter 1, Laws of Utah 1987)
295 49-19-103, (Renumbered from 49-7-201, as enacted by Chapter 1, Laws of Utah 1987)
296 49-19-104, (Renumbered from 49-7-202, as enacted by Chapter 1, Laws of Utah 1987)
297 49-19-201, (Renumbered from 49-7-203, as last amended by Chapter 197, Laws of Utah
298 1995)
299 49-19-301, (Renumbered from 49-7-301, as enacted by Chapter 1, Laws of Utah 1987)
300 49-19-401, (Renumbered from 49-7-401, as last amended by Chapter 292, Laws of Utah
301 1999)
302 49-19-501, (Renumbered from 49-7-403, as last amended by Chapter 197, Laws of Utah
303 1995)
304 49-20-101, (Renumbered from 49-8-101, as enacted by Chapter 1, Laws of Utah 1987)
305 49-20-102, (Renumbered from 49-8-103, as last amended by Chapter 292, Laws of Utah
306 1999)
307 49-20-103, (Renumbered from 49-8-201, as enacted by Chapter 1, Laws of Utah 1987)
308 49-20-104, (Renumbered from 49-8-202, as enacted by Chapter 1, Laws of Utah 1987)
309 49-20-105, (Renumbered from 49-8-102, as last amended by Chapter 292, Laws of Utah
310 1999)
311 49-20-201, (Renumbered from 49-8-203, as last amended by Chapter 360, Laws of Utah
312 1998)
313 49-20-202, (Renumbered from 49-8-204, as last amended by Chapter 360, Laws of Utah
314 1998)
315 49-20-301, (Renumbered from 49-8-301, as enacted by Chapter 1, Laws of Utah 1987)
316 49-20-401, (Renumbered from 49-8-401, as last amended by Chapter 360, Laws of Utah
317 1998)
318 49-20-402, (Renumbered from 49-8-402, as enacted by Chapter 1, Laws of Utah 1987)
319 49-20-404, (Renumbered from 49-8-403, as last amended by Chapter 292, Laws of Utah
320 1999)
321 49-20-405, (Renumbered from 49-8-404, as last amended by Chapter 283, Laws of Utah
322 2000)
323 49-20-406, (Renumbered from 49-8-405, as last amended by Chapter 154, Laws of Utah
324 2000)
325 49-21-101, (Renumbered from 49-9-101, as enacted by Chapter 1, Laws of Utah 1987)
326 49-21-102, (Renumbered from 49-9-103, as last amended by Chapter 283, Laws of Utah
327 2000)
328 49-21-103, (Renumbered from 49-9-201, as last amended by Chapter 169, Laws of Utah
329 1988)
330 49-21-104, (Renumbered from 49-9-202, as enacted by Chapter 1, Laws of Utah 1987)
331 49-21-105, (Renumbered from 49-9-102, as last amended by Chapter 111, Laws of Utah
332 1987)
333 49-21-201, (Renumbered from 49-9-203, as last amended by Chapter 157, Laws of Utah
334 1992)
335 49-21-301, (Renumbered from 49-9-301, as last amended by Chapter 90, Laws of Utah
336 1994)
337 49-21-401, (Renumbered from 49-9-401, as last amended by Chapter 292, Laws of Utah
338 1999)
339 49-21-402, (Renumbered from 49-9-402, as last amended by Chapter 231, Laws of Utah
340 1996)
341 49-21-403, (Renumbered from 49-9-403, as last amended by Chapter 292, Laws of Utah
342 1999)
343 49-21-404, (Renumbered from 49-9-404, as enacted by Chapter 1, Laws of Utah 1987)
344 49-21-405, (Renumbered from 49-9-405, as last amended by Chapter 81, Laws of Utah
345 1989)
346 49-21-406, (Renumbered from 49-9-407, as enacted by Chapter 1, Laws of Utah 1987)
347 49-21-407, (Renumbered from 49-9-409, as last amended by Chapter 231, Laws of Utah
348 1996)
349 REPEALS:
350 49-1-501, as enacted by Chapter 1, Laws of Utah 1987
351 49-1-605, as enacted by Chapter 1, Laws of Utah 1987
352 49-1-612, as enacted by Chapter 273, Laws of Utah 1990
353 49-1-617, as last amended by Chapter 332, Laws of Utah 2001
354 49-2-102, as enacted by Chapter 1, Laws of Utah 1987
355 49-2-403, as last amended by Chapter 90, Laws of Utah 1994
356 49-2-501, as enacted by Chapter 1, Laws of Utah 1987
357 49-2-702, as enacted by Chapter 1, Laws of Utah 1987
358 49-3-102, as enacted by Chapter 1, Laws of Utah 1987
359 49-3-403, as last amended by Chapter 90, Laws of Utah 1994
360 49-3-501, as enacted by Chapter 1, Laws of Utah 1987
361 49-3-702, as enacted by Chapter 1, Laws of Utah 1987
362 49-4-102, as enacted by Chapter 1, Laws of Utah 1987
363 49-4-403, as enacted by Chapter 1, Laws of Utah 1987
364 49-4a-102, as enacted by Chapter 260, Laws of Utah 1989
365 49-4a-403, as enacted by Chapter 260, Laws of Utah 1989
366 49-5-102, as enacted by Chapter 1, Laws of Utah 1987
367 49-5-403, as enacted by Chapter 1, Laws of Utah 1987
368 49-5-602, as last amended by Chapter 285, Laws of Utah 1990
369 49-6-102, as enacted by Chapter 1, Laws of Utah 1987
370 49-6-602, as last amended by Chapter 75, Laws of Utah 1990
371 49-6a-102, as enacted by Chapter 356, Laws of Utah 1997
372 49-7-102, as enacted by Chapter 1, Laws of Utah 1987
373 49-7-402, as enacted by Chapter 1, Laws of Utah 1987
374 49-7-404, as last amended by Chapter 88, Laws of Utah 2000
375 49-9-302, as enacted by Chapter 132, Laws of Utah 1987
376 49-9-406, as last amended by Chapter 267, Laws of Utah 1998
377 49-9-408, as last amended by Chapter 111, Laws of Utah 1987
378 49-10-303, as enacted by Chapter 151, Laws of Utah 1995
379 Be it enacted by the Legislature of the state of Utah:
380 Section 1. Section 31A-22-703 is amended to read:
381 31A-22-703. Conversion rights on termination of group accident and health
382 insurance coverage.
383 (1) Except as provided in Subsections (2) through (5), all policies of accident and health
384 insurance offered on a group basis under this title or Title 49, Chapter [
385 Employees' Insurance Program Act, shall provide that a person whose insurance under the group
386 policy has been terminated for any reason, and who has been continuously insured under the group
387 policy or its predecessor for at least six months immediately prior to termination, is entitled to
388 choose a converted individual policy of accident and health insurance from the insurer which
389 conforms to Section 31A-22-708 or an extension of benefits under the group policy as provided
390 in Section 31A-22-714 .
391 (2) Subsection (1) does not apply if the policy:
392 (a) provides catastrophic, aggregate stop loss, or specific stop loss benefits;
393 (b) provides benefits for specific diseases or for accidental injuries only, or for dental
394 service; or
395 (c) is an income replacement policy.
396 (3) An employee or group member does not have conversion rights under Subsection (1)
397 if:
398 (a) termination of the group coverage occurred because of failure of the group member to
399 pay any required individual contribution;
400 (b) the individual group member acquires other group coverage covering all preexisting
401 conditions including maternity, if the coverage existed under the replaced group coverage; or
402 (c) the person has:
403 (i) performed an act or practice that constitutes fraud; or
404 (ii) made an intentional misrepresentation of material fact under the terms of the coverage.
405 (4) Notwithstanding Subsections (1), (2), and (3), an employee or group member does not
406 have conversion rights under Subsection (1) if the individual or group member qualifies to
407 continue coverage under his existing group policy in accordance with the terms of his policy.
408 (5) (a) Notwithstanding Subsection 31A-22-613 (1), an insurer may reduce benefits under
409 a converted policy covering any person to the extent the benefits provided or available to that
410 person under one or more of the sources listed under Subsection (5)(b), together with the benefits
411 provided by the converted policy, would result in coverage that would result in payment of more
412 than 100% of the amount of the claim.
413 (b) The benefits sources referred to under Subsection (5)(a) include:
414 (i) benefits under another insurance policy; and
415 (ii) benefits under any arrangement of coverage for individuals in a group, whether on an
416 insured or an uninsured basis.
417 (6) (a) The conversion policy shall provide maternity benefits equal to the lesser of the
418 maternity benefits of the group policy or the conversion policy until termination of pregnancy that
419 exists on the date of conversion if:
420 (i) one of the following is pregnant on the date of the conversion:
421 (A) the insured;
422 (B) a spouse of the insured; or
423 (C) a dependent of the insured; and
424 (ii) the accident and health policy had maternity benefits.
425 (b) The requirements of this Subsection (6) do not apply to a pregnancy that occurs after
426 the date of conversion.
427 Section 2. Section 35A-4-502 is amended to read:
428 35A-4-502. Administration of Employment Security Act.
429 (1) (a) The department shall administer this chapter through the division.
430 (b) The department may make, amend, or rescind any rules and special orders necessary
431 for the administration of this chapter.
432 (c) The division may:
433 (i) employ persons;
434 (ii) make expenditures;
435 (iii) require reports;
436 (iv) make investigations;
437 (v) make audits of any or all funds provided for under this chapter when necessary; and
438 (vi) take any other action it considers necessary or suitable to that end.
439 (d) No later than the first day of October of each year, the department shall submit to the
440 governor a report covering the administration and operation of this chapter during the preceding
441 calendar year and shall make any recommendations for amendments to this chapter as the
442 department considers proper.
443 (e) (i) The report required under Subsection (1)(d) shall include a balance sheet of the
444 moneys in the fund in which there shall be provided, if possible, a reserve against liability in future
445 years to pay benefits in excess of the then current contributions, which reserve shall be set up by
446 the division in accordance with accepted actuarial principles on the basis of statistics of
447 employment, business activity, and other relevant factors for the longest possible period.
448 (ii) Whenever the department believes that a change in contribution or benefit rates will
449 become necessary to protect the solvency of the fund, it shall promptly inform the governor and
450 the Legislature and make appropriate recommendations.
451 (2) (a) The department may make, amend, or rescind rules in accordance with Title 63,
452 Chapter 46a, Utah Administrative Rulemaking Act.
453 (b) The director of the division or the director's designee may adopt, amend, or rescind
454 special orders after appropriate notice and opportunity to be heard. Special orders become
455 effective ten days after notification or mailing to the last-known address of the individuals or
456 concerns affected thereby.
457 (3) The director of the division or the director's designee shall cause to be printed for
458 distribution to the public:
459 (a) the text of this chapter;
460 (b) the department's rules pertaining to this chapter;
461 (c) the department's annual reports to the governor required by Subsection (1)(e); and
462 (d) any other material the director of the division or the director's designee considers
463 relevant and suitable and shall furnish them to any person upon application.
464 (4) (a) The division may delegate to any person so appointed the power and authority it
465 considers reasonable and proper for the effective administration of this chapter and may bond any
466 person handling moneys or signing checks under this authority.
467 (b) The department may, when permissible under federal and state law, make arrangements
468 to voluntarily elect coverage under the United States Civil Service Retirement System or a
469 comparable private retirement plan with respect to past as well as future services of individuals
470 employed under this chapter who:
471 (i) were hired prior to October 1, 1980; and
472 (ii) have been retained by the department without significant interruption in the employees'
473 services for the department.
474 (c) An employee of the department who no longer may participate in a federal or other
475 retirement system as a result of a change in status or appropriation under this chapter may purchase
476 credit in a retirement system created under Title 49, Chapter [
477 Noncontributory Retirement Act, with the employee's assets from the federal or other retirement
478 system in which the employee may no longer participate.
479 (5) There is created an Employment Advisory Council composed of the members listed
480 in Subsections (5)(a) and (b).
481 (a) The executive director shall appoint:
482 (i) not less than five employer representatives chosen from individuals recommended by
483 employers, employer associations, or employer groups;
484 (ii) not less than five employee representatives chosen from individuals recommended by
485 employees, employee associations, or employee groups; and
486 (iii) five public representatives chosen at large.
487 (b) The executive director or the executive director's designee shall serve as a nonvoting
488 member of the council.
489 (c) The employee representatives shall include both union and nonunion employees who
490 fairly represent the percentage in the labor force of the state.
491 (d) Employers and employees shall consider nominating members of groups who
492 historically may have been excluded from the council, such as women, minorities, and individuals
493 with disabilities.
494 (e) (i) Except as required by Subsection (5)(e)(ii), as terms of current council members
495 expire, the executive director shall appoint each new member or reappointed member to a
496 four-year term.
497 (ii) Notwithstanding the requirements of Subsection (5)(e)(i), the executive director shall,
498 at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of
499 council members are staggered so that approximately half of the council is appointed every two
500 years.
501 (f) When a vacancy occurs in the membership for any reason, the replacement shall be
502 appointed for the unexpired term.
503 (g) The executive director shall terminate the term of any council member who ceases to
504 be representative as designated by the council member's original appointment.
505 (h) The council shall advise the department and the Legislature in formulating policies and
506 discussing problems related to the administration of this chapter including:
507 (i) reducing and preventing unemployment;
508 (ii) encouraging the adoption of practical methods of vocational training, retraining, and
509 vocational guidance;
510 (iii) monitoring the implementation of the Wagner-Peyser Act;
511 (iv) promoting the creation and development of job opportunities and the reemployment
512 of unemployed workers throughout the state in every possible way; and
513 (v) appraising the industrial potential of the state.
514 (i) The council shall assure impartiality and freedom from political influence in the solution
515 of the problems listed in Subsection (5)(h).
516 (j) The executive director or the executive director's designee shall serve as chair of the
517 council and call the necessary meetings.
518 (k) (i) A member shall receive no compensation or benefits for the member's services, but
519 may receive per diem and expenses incurred in the performance of the member's official duties
520 at the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
521 (ii) A member may decline to receive per diem and expenses for the member's service.
522 (l) The department shall provide staff support to the council.
523 (6) In the discharge of the duties imposed by this chapter, the division director or the
524 director's designee as designated by department rule, may in connection with a disputed matter or
525 the administration of this chapter:
526 (a) administer oaths and affirmations;
527 (b) take depositions;
528 (c) certify to official acts; and
529 (d) issue subpoenas to compel the attendance of witnesses and the production of books,
530 papers, correspondence, memoranda, and other records necessary as evidence.
531 (7) (a) In case of contumacy by or refusal to obey a subpoena issued to any person, any
532 court of this state within the jurisdiction of which the inquiry is carried on or within the jurisdiction
533 of which the person guilty of contumacy or refusal to obey is found or resides or transacts business,
534 upon application by the director of the division or the director's designee shall have jurisdiction
535 to issue to that person an order requiring the person to appear before the director or the director's
536 designee to produce evidence, if so ordered, or give testimony regarding the matter under
537 investigation or in question. Any failure to obey that order of the court may be punished by the
538 court as contempt.
539 (b) Any person who, without just cause, fails or refuses to attend and testify or to answer
540 any lawful inquiry or to produce books, papers, correspondence, memoranda, and other records,
541 if it is in that person's power to do so, in obedience to a subpoena of the director or the director's
542 designee shall be punished as provided in Subsection 35A-1-301 (1)(b). Each day the violation
543 continues is a separate offense.
544 (c) In the event a witness asserts a privilege against self-incrimination, testimony and
545 evidence from the witness may be compelled pursuant to Title 77, Chapter 22b, Grants of
546 Immunity.
547 (8) (a) In the administration of this chapter, the division shall cooperate with the United
548 States Department of Labor to the fullest extent consistent with the provisions of this chapter and
549 shall take action, through the adoption of appropriate rules by the department and administrative
550 methods and standards, as necessary to secure to this state and its citizens all advantages available
551 under the provisions of:
552 (i) the Social Security Act that relate to unemployment compensation;
553 (ii) the Federal Unemployment Tax Act; and
554 (iii) the Federal-State Extended Unemployment Compensation Act of 1970.
555 (b) In the administration of Section 35A-4-402 , which is enacted to conform with the
556 requirements of the Federal-State Extended Unemployment Compensation Act of 1970, 26 U.S.C.
557 3304, the division shall take any action necessary to ensure that the section is interpreted and
558 applied to meet the requirements of the federal act, as interpreted by the United States Department
559 of Labor and to secure to this state the full reimbursement of the federal share of extended and
560 regular benefits paid under this chapter that are reimbursable under the federal act.
561 Section 3. Section 49-11-101 , which is renumbered from Section 49-1-101 is renumbered
562 and amended to read:
563
564
565
566 [
567 (1) This title is known as the "Utah State Retirement and Insurance Benefit Act."
568 (2) This chapter is known as the "Utah State Retirement Systems Administration."
569 Section 4. Section 49-11-102 , which is renumbered from Section 49-1-103 is renumbered
570 and amended to read:
571 [
572 As used in this title:
573 [
574
575
576 (1) (a) "Active member" means a member who is employed or who has been employed by
577 a participating employer within the previous 120 days.
578 (b) "Active member" does not include retirees.
579 (2) "Actuarial equivalent" means a benefit of equal value when computed upon the basis
580 of mortality tables [
581 executive director, including regular interest.
582 (3) "Actuarial interest rate" means the interest rate as recommended by the actuary and
583 adopted by the board [
584 [
585 [
586 [
587 (a) a department, division, agency, office, authority, commission, board, institution, or
588 hospital of the state;
589 (b) a county, municipality, school district, or special district;
590 (c) a state college or university; or
591 (d) any other [
592
593 [
594 other authorized adjustments to the pension and annuity.
595 (6) "Alternate payee" means a member's former spouse or family member eligible to
596 receive payments under a Domestic Relations Order in compliance with Section 49-11-612 .
597 (7) "Annuity" means [
598 contributions [
599 (8) "Appointive officer" means an employee appointed to a position for a definite and
600 fixed term of office by official and duly recorded action of a participating employer, and who earns
601 during the first full month of the term of office $500 or more, indexed as of January 1, 1989, as
602 provided in Section 49-12-407 .
603 [
604
605 member, participant, covered individual, or alternate payee of a defined contribution plan.
606 [
607 established under [
608 (11) "Board member" means a person serving on the Utah State Retirement Board as
609 established under Section 49-11-202 .
610 [
611 participating employer and the member[
612 Governors' and Legislators' Retirement Plan under Chapter 19, Utah Governor's and Legislators'
613 Retirement Act.
614 (13) "Council member" means a person serving on the Membership Council established
615 under Section 49-11-202 .
616 (14) "Covered Individual" means any individual covered under Chapter 20, Public
617 Employees Benefit and Insurance Program Act.
618 [
619
620 [
621
622 [
623
624
625
626
627
628
629 (16) "Defined contribution" or "defined contribution plan" means any defined contribution
630 plan authorized under the Internal Revenue Code and administered by the board.
631 (17) "Educational institution" means a political subdivision or instrumentality of the state
632 or a combination thereof primarily engaged in educational activities or the administration or
633 servicing of educational activities, including:
634 (a) the State Board of Education and its instrumentalities;
635 (b) any institution of higher education and its branches;
636 (c) any school district and its instrumentalities;
637 (d) any vocational and technical school; and
638 (e) any entity arising out of a consolidation agreement between entities described under
639 this Subsection (16).
640 [
641 institution, or political subdivision[
642
643 eligible to participate in a government-sponsored retirement system under federal law.
644 (b) "Employer” may also include an agency financed in whole or in part by public funds
645 as allowed under Chapter 12 or 13.
646 (19) "Final average monthly salary" means the amount computed by dividing the
647 compensation received during the final average salary period under each system by the number of
648 months in the final average salary period.
649 (20) "Fund” means any fund created under this title for the purpose of paying benefits or
650 costs of administering a system, plan, or program.
651 [
652
653 at least 120 days.
654 (b) "Inactive member" does not include retirees.
655 [
656
657 (22) (a) "Member" means a person [
658 retiree, with contributions on deposit with [
659 Legislators' Retirement Plan under Chapter 19, or with [
660 (b) "Member" also includes leased employees within the meaning of Section 414(n)(2) of
661 the [
662 office. If leased employees constitute less than 20% of the participating employer's work force that
663 is not highly compensated within the meaning of Section 414(n)(5)(c)(ii), Internal Revenue Code,
664 "member" does not include leased employees covered by a plan described in Section 414(n)(5) of
665 the federal Internal Revenue Code.
666 (23) "Member contributions" means the sum of the contributions paid to a system or the
667 Utah Governors' and Legislators' Retirement Plan, including refund interest if allowed by a system,
668 and which are made by:
669 (a) the member; and
670 (b) the participating employer on the member's behalf under Section 414(h) of the Internal
671 Revenue Code.
672 (24) "Nonelective contribution" means an amount contributed by a participating employer
673 into a participant's defined contribution account.
674 [
675 (26) "Participant" means an individual with voluntary deferrals or nonelective
676 contributions on deposit with the defined contribution plans administered under this title.
677 [
678
679
680 an agency financed in whole or in part by public funds which is participating in a system or plan
681 as of January 1, 2002.
682 [
683
684 [
685 participating employer contributions [
686 (29) "Plan" means the Utah Governors' and Legislators' Retirement Plan created by
687 Chapter 19 or the defined contribution plans created under Section 49-11-801 .
688 [
689 government entity, including cities, towns, counties, and school districts, but only if the
690 subdivision is a juristic entity that is legally separate and distinct from the state and only if its
691 employees are not by virtue of their relationship to the entity[
692
693 (b) "Political subdivision" includes special districts or authorities created by the
694 Legislature or by local governments, including [
695
696
697 (c) [
698 11, Chapter 13, Interlocal Cooperation Act.
699 [
700 [
701 (31) "Program" means the Public Employees' Insurance Program created under Chapter
702 20, Public Employees' Insurance Program Act, or the Public Employees' Long-Term Disability
703 program created under Chapter 21, Public Employees' Long-Term Disability Act.
704 (32) "Public funds" means those funds derived, either directly or indirectly, from public
705 taxes or public revenue, dues or contributions paid or donated by the membership of the
706 organization, used to finance an activity whose objective is to improve, on a nonprofit basis, the
707 governmental, educational, and social programs and systems of the state or its political
708 subdivisions.
709 [
710 amount accrued on member contributions at a rate adopted by the board [
711
712 [
713
714 [
715
716 and is entitled to receive an allowance under this title.
717 (36) "Retirement date" means the date selected by the member on which the member's
718 retirement becomes effective with the office.
719 [
720
721 (a) the period during which an employee is employed and compensated by a participating
722 employer and meets the eligibility requirements for membership in a system or the Utah
723 Governors' and Legislators' Retirement Plan, provided that any required contributions are paid to
724 the office; and
725 (b) periods of time otherwise purchasable under this title.
726 (38) "System" means the individual retirement systems created by Chapters 12, 13, 14,
727 15, 16, 17, and 18.
728 (39) "Voluntary deferrals" means an amount contributed by a participant into that
729 participant's defined contribution account.
730 Section 5. Section 49-11-103 , which is renumbered from Section 49-1-102 is renumbered
731 and amended to read:
732 [
733 (1) The purpose of this [
734
735 (a) retirement systems [
736 Legislators' Retirement Plan for members which provide:
737 (i) a uniform system of membership;
738 (ii) retirement requirements;
739 (iii) benefits for members;
740 (iv) funding on an actuarially sound basis;
741 (v) contributions; and
742 (vi) economy and efficiency in public service; and
743 (b) a central administrative office and a board to administer the various systems, plans, and
744 programs established by the Legislature or the board.
745 (2) This title shall be liberally construed to provide maximum benefits and protections
746 consistent with sound fiduciary and actuarial principals.
747 Section 6. Section 49-11-201 , which is renumbered from Section 49-1-201 is renumbered
748 and amended to read:
749
750 [
751 agency -- Office exemption.
752 (1) (a) There is established the Utah State Retirement Office.
753 (b) The office shall administer the [
754 perform all other functions assigned to it [
755 (2) (a) The office is an independent state agency.
756 (b) It is subject to legislative and executive department budgetary [
757 and comment.
758 (3) The office [
759
760 (4) [
761 and other governmental entities under this code.
762 [
763 [
764
765
766 [
767
768
769 Section 7. Section 49-11-202 , which is renumbered from Section 49-1-202 is renumbered
770 and amended to read:
771 [
772 -- Terms -- Officers -- Expenses and per diem -- Membership council established.
773 (1) There is established the Utah State Retirement Board composed of seven board
774 members determined as follows:
775 (a) Four board members, with experience in investments or banking, shall be appointed
776 by the governor from the general public.
777 (b) One board member shall be a school employee appointed by the governor from at least
778 three nominations submitted by the governing board of [
779 is representative of a majority of the school employees who are members of [
780
781 (c) One board member shall be a public employee appointed by the governor from at least
782 three nominations submitted by the governing board of [
783 is representative of a majority of the public employees who are members of [
784
785 (d) One board member shall be the state treasurer[
786
787 (2) Four board members constitute a quorum for the [
788 business.
789 (3) (a) All appointments to the board shall be made on a nonpartisan basis, with the advice
790 and consent of the Senate.
791 (b) [
792 the constitutional oath of office.
793 (c) When a vacancy occurs [
794 replacement shall be appointed for the unexpired term.
795 [
796
797 (4) (a) Except as required by Subsection (4)(b), all appointed board members shall serve
798 for four-year terms.
799 (b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the time
800 of appointment or reappointment, adjust the length of terms to ensure that the terms of board
801 members are staggered so that approximately half of the board is appointed every two years.
802 (c) [
803 employee or as a public employee who [
804 who is no longer employed with a [
805 from the board.
806 (5) (a) Each year the board shall elect a president and [
807 its membership. [
808 (b) Each board member shall receive a per diem plus [
809 regularly constituted meetings and conferences as provided by [
810 board action.
811 (6) (a) [
812
813
814 (b) The board may pay the travel expenses of council members who attend council
815 meetings.
816 (7) [
817 council members selected as follows:
818 (a) Three council members shall be school employees selected by the governing board of
819 an association representative of a majority of school employees who are members of [
820
821 system administered by the board.
822 (b) One council member shall be a classified school employee selected by the governing
823 board of [
824 members of [
825
826 (c) Two council members shall be public employees selected by the governing board of
827 [
828
829
830 (d) One council member shall be a [
831 by the governing board of [
832 municipalities who [
833
834 (e) One council member shall be a county officer or employee selected by the governing
835 board of [
836
837
838 (f) One council member shall be a representative of members of the Judges'
839 Noncontributory Retirement System selected by the Judicial Council.
840 (g) One council member shall be a representative of members of the Public Safety
841 Retirement [
842 representative of the majority of peace officers who are members of the Public Safety Retirement
843 [
844 (h) One council member shall be a representative of members of the Firefighters'
845 Retirement System selected by the governing board of [
846 majority of paid professional firefighters who are members of the Firefighters' Retirement System.
847 (i) One council member shall be a [
848 Association of Retired Public Employees.
849 (j) One council member shall be a [
850 School Employees' Association.
851 (8) (a) [
852 authority to select council members under Subsection (7) may also revoke the selection at any
853 time.
854 (b) [
855
856 the council shall be for a period of four years, subject to Subsection (8)(a).
857 [
858
859
860 [
861 [
862 replacement shall be [
863 (9) The council shall annually designate one council member as chair [
864 (10) The council shall:
865 (a) recommend to the board and to the Legislature benefits and policies for members of
866 any system or plan administered by the board [
867 (b) recommend procedures and practices to improve the administration of the [
868 systems and plans and the public employee relations responsibilities of the board and office;
869 (c) examine the record of all decisions affecting retirement benefits made by a hearing
870 officer under Section 49-11-613 ;
871 (d) submit nominations to the board for the position of executive director if that position
872 is vacant; [
873 (e) advise and counsel with the board and the director on policies affecting members of
874 the various systems administered by the office; and
875 [
876 Section 8. Section 49-11-203 , which is renumbered from Section 49-1-203 is renumbered
877 and amended to read:
878 [
879 (1) The board shall:
880 (a) appoint an executive director to administer the [
881 (b) receive and act upon reports covering the operations of the systems, plans, programs,
882 and funds administered by the [
883 (c) ensure that the systems, plans, programs, and funds are administered according to law;
884 (d) [
885
886 order at the board's discretion in accordance with Section 49-11-613 ;
887 (e) examine and approve an annual operating budget for the [
888 (f) serve as investment trustees of the [
889 Fund as provided under this title;
890 (g) maintain, in conjunction with participating employers and members, the systems, plans,
891 and programs on an actuarially sound [
892
893 (h) report annually to the governor, the Legislature, and each participating employer the
894 contribution rates, premium rates, and any adjustments necessary to maintain the systems, plans,
895 and programs on a financially and actuarially sound basis;
896 [
897 [
898 necessary or desirable changes [
899
900 [
901 systems, plans, and programs [
902 the board's policymaking functions, including the specific authority to interpret and define any
903 provision or term under this title when the board or office provides written documentation which
904 demonstrates that the interpretation or definition promotes uniformity in the administration of the
905 systems or maintains the actuarial soundness of the systems, plans, or programs;
906 (l) adopt interest rates, premium rates, and annual contribution rates after reviewing
907 actuarial recommendations;
908 [
909 plans and policies based on market surveys for [
910 office;
911 [
912
913
914 [
915
916
917 [
918
919 [
920 (n) take action consistent with this title for the administration of the systems, plans, and
921 programs in order to carry out the purposes of this title;
922 [
923 (p) take actions not in conflict with the board's trust and fiduciary responsibilities or other
924 law, with respect to the governance of the office which are substantially similar to those governing
925 other public agencies; and
926 (q) otherwise exercise the powers and perform the duties conferred on the board by this
927 title.
928 (2) The board may:
929 (a) subpoena witnesses and compel their attendance to testify before it, for which purpose
930 each board member [
931 witnesses and others transacting business of the [
932 (b) establish [
933 director [
934 administered by the board [
935 (c) pay the travel expenses of council members who attend council meetings; and
936 [
937 Section 9. Section 49-11-204 , which is renumbered from Section 49-1-204 is renumbered
938 and amended to read:
939 [
940 The executive director shall:
941 (1) act as the executive officer of the board and the [
942 (2) administer the various [
943 board or office;
944 (3) subject to board review, develop and [
945
946
947 which administer and govern the day-to-day operations of the systems, plans, and programs;
948 (4) transmit orders of a hearing officer made under Section 49-11-613 to the board [
949
950
951
952 (5) [
953
954 information concerning the operation of the office to the board, the governor, the Legislature,
955 participating employers, and employer and employee associations, unless otherwise restricted
956 under Section 49-11-618 ;
957 (6) [
958 board regarding any necessary or desirable changes [
959 (7) [
960 this title;
961 (8) (a) recommend to the board an annual administrative budget covering the operations
962 of the [
963 the [
964
965 (b) direct and control the subsequent expenditures of the budget;
966 (9) employ, within the limitations of the budget, [
967 administer the [
968 including consultants, actuaries, attorneys, medical examiners, investment counselors, and
969 accountants[
970
971 [
972
973 [
974 of the [
975 principles of [
976 system, plan, or program;
977 [
978
979 [
980
981
982 [
983
984
985 (11) maintain individual records necessary to provide benefits under this title;
986 (12) keep in convenient form all records, accounts, and data necessary for the
987 administration and actuarial valuation of the systems, plans, and programs;
988 (13) adopt fees, charges, and upon the recommendation of the actuary, interest rates and
989 tables for the administration of the systems, plans, and programs;
990 [
991
992 defined contribution distributions if the integrity of the various funds is maintained through
993 appropriate accounting records [
994 [
995
996
997 (15) at least biennially[
998
999 (a) make an actuarial investigation into the mortality, service, and other experience of the
1000 members [
1001 programs[
1002 (b) actuarially value the assets and liabilities of the administered funds and accounts[
1003 and
1004 (c) determine the rate of interest being earned by the funds[
1005
1006
1007 (16) report to the board findings [
1008 recommendations, [
1009 contribution or benefits that are necessary to [
1010 [
1011
1012 (17) regulate participating employers by:
1013 (a) educating them on their duties imposed by this title;
1014 (b) specifying the time, place, and manner in which contributions shall be withheld and
1015 paid; and
1016 (c) requiring any reports necessary for the administration of this title; and
1017 (18) otherwise exercise the powers and perform the duties conferred on the executive
1018 director by this title.
1019 Section 10. Section 49-11-301 , which is renumbered from Section 49-1-301 is renumbered
1020 and amended to read:
1021
1022 [
1023 Commingling and pooling of funds -- Interest earnings.
1024 (1) There is created [
1025
1026 Investment Fund[
1027 procedures and functions.
1028 (2) (a) The board shall act as trustees of the [
1029 and, through [
1030 investments of any [
1031 Investment Fund, [
1032 individual identity and are maintained as separate trust funds on the books of the [
1033 office.
1034 (b) (i) In combining the investments of any fund, each of the participating funds shall be
1035 credited initially with its share of the total assets transferred to the Utah State Retirement
1036 Investment Fund[
1037
1038
1039 (ii) The value of the transferred assets shall be calculated in accordance with generally
1040 accepted accounting principles.
1041 (c) Subsequent transfers of additional capital from participating funds shall be credited
1042 similarly to its respective trust account.
1043 (d) [
1044
1045 or equity credit belonging to one participating fund may not be transferred to another, except for
1046 the purpose of:
1047 (i) actuarially recommended transfers in order to adjust employer contribution rates for an
1048 employer that participates in both contributory and noncontributory systems[
1049 (ii) transfers which reflect the value of service credit accrued in different systems during
1050 a member's career.
1051 (3) The assets of the [
1052 participants, and covered individuals and may not be diverted or appropriated for any purpose
1053 other than that permitted by this [
1054
1055 (4) (a) Interest and other earnings shall be credited to each participating fund on a pro rata
1056 equity position basis [
1057 (b) (i) A portion of the interest and other earnings of the common trust fund may be
1058 credited to a reserve account within the Utah State Retirement Investment Fund to meet adverse
1059 experiences arising from investments or other contingencies.
1060 (ii) Each participating fund shall retain its proportionate equity in the reserve account.
1061 Section 11. Section 49-11-302 , which is renumbered from Section 49-1-302 is renumbered
1062 and amended to read:
1063 [
1064 (1) The board [
1065 (a) shall review and establish the asset allocation of [
1066
1067 with the executive [
1068
1069 (b) through [
1070 (i) shall invest [
1071 Retirement Investment Fund; and
1072 (ii) may provide for the holding, purchasing, selling, assigning, transferring, and disposing
1073 of any of the securities and investments in which any of the money of the [
1074 State Retirement Investment Fund is invested. [
1075
1076 (2) Fees for all services shall be paid from the interest earnings of the [
1077 Utah State Retirement Investment Fund.
1078 [
1079 be:
1080 (a) held in the name of the Utah State Retirement Investment Fund; or [
1081
1082 (b) held in another name or names as determined by the board.
1083 Section 12. Section 49-11-303 , which is renumbered from Section 49-1-303 is renumbered
1084 and amended to read:
1085 [
1086 The [
1087 the prudent [
1088 Section 13. Section 49-11-304 , which is renumbered from Section 49-1-304 is renumbered
1089 and amended to read:
1090 [
1091 General administrative costs of operating the [
1092 [
1093
1094
1095
1096
1097
1098
1099
1100 State Retirement Investment Fund.
1101 Section 14. Section 49-11-305 , which is renumbered from Section 49-1-305 is renumbered
1102 and amended to read:
1103 [
1104 (1) The [
1105
1106 (2) The office may also purchase excess commercial insurance above the limits provided
1107 by the Governmental Immunity Act against any:
1108 (a) risk created or recognized by the Governmental Immunity Act; or [
1109 (b) other action for which the board, office, or any of its employees, may be held liable.
1110 Section 15. Section 49-11-401 , which is renumbered from Section 49-1-401 is renumbered
1111 and amended to read:
1112
1113 [
1114 Computation of service credit.
1115 (1) (a) The [
1116 related member and participating employer contributions, from one [
1117 upon terms and conditions established by the board.
1118 (b) The terms and conditions may not result in a loss of accrued benefits.
1119 (2) Transfer of employment from a position covered by one [
1120 a position covered by another system does not [
1121 [
1122 [
1123
1124 [
1125 apply:
1126 [
1127
1128 [
1129
1130
1131
1132 [
1133
1134
1135 [
1136
1137
1138 [
1139
1140 [
1141
1142 (a) A person employed and compensated by a participating employer who meets the
1143 eligibility requirements for membership in a system or the Utah Governors' and Legislators'
1144 Retirement Plan shall receive service credit for the term of the employment provided that all
1145 required contributions are paid to the office.
1146 (b) An allowance or other benefit [
1147 based upon the same [
1148 benefits under some other [
1149 [
1150
1151 [
1152 basis of which one year of service and proportionate parts of a year shall be credited toward
1153 qualification for retirement. Service may be computed on a fiscal or calendar year basis and
1154 portions of years served shall be accumulated and counted as service. In any event, all of the
1155 service rendered in any one fiscal or calendar year may not count for more than one year.
1156 [
1157
1158
1159
1160
1161
1162 (d) Service credit shall be accrued on a fiscal or calendar year basis as determined by the
1163 participating employer.
1164 (e) A member may not accrue more than one year of service credit per fiscal or calendar
1165 year as determined by the office.
1166 (f) Fractions of years of service credit shall be accumulated and counted in proportion to
1167 the work performed.
1168 (4) The office may estimate the amount of service credit, compensation, or age of any
1169 member, participant, or alternate payee, if information is not contained in the records.
1170 [
1171
1172
1173
1174 [
1175
1176 [
1177
1178 Section 16. Section 49-11-402 , which is renumbered from Section 49-1-402 is renumbered
1179 and amended to read:
1180 [
1181 [
1182
1183
1184
1185 [
1186
1187
1188 [
1189 [
1190
1191 (1) A member [
1192 employment with a participating employer by reason of an official call to full-time United States
1193 military service [
1194 military service as follows:
1195 (a) the member [
1196 employer jointly shall make the [
1197 the office, to the [
1198 call, according to the law governing that particular system;
1199 (b) prior to a member's retirement date, the [
1200 made:
1201 (i) during the period of [
1202
1203 full-time United States military service;
1204 (ii) after the military service, but within a period not to exceed three times the period of
1205 military service up to a maximum of five years; or
1206 (iii) as otherwise allowed by federal law;
1207 (c) required payments shall be based on the member's compensation at the time of the
1208 official military call;
1209 (d) if a required payment is not made within the time allowed under Subsection (1)(b), the
1210 member or participating employer may purchase the service credit as allowed in Subsection (2);
1211 and
1212 [
1213 participating employer upon receiving an honorable discharge from military service and there may
1214 not be intervening employment outside of [
1215 participating employer.
1216 [
1217
1218 (2) (a) A member, a participating employer, or a member and a participating employer
1219 jointly, may purchase service credit for full-time United States military service, resulting from an
1220 official call to duty, if the member has four or more years of service credit and the military service
1221 does not otherwise qualify for service credit under this title.
1222 (b) Payment to the office for a military service credit purchase shall be made to the system
1223 under which the member is currently covered in an amount determined by the office based on a
1224 formula recommended by the actuary and adopted by the board.
1225 (c) The purchase shall be made through payroll deductions or through a lump sum deposit
1226 based upon the present value of future payments.
1227 (d) If total payment is not completed prior to retirement, service credit shall be prorated
1228 in accordance with the amount paid.
1229 (3) For purposes of Subsection (2), full-time United States military service does not
1230 include any regularly scheduled or annual military service that is required by a reserve unit,
1231 National Guard unit, or any other United States military unit.
1232 (4) (a) If any of the factors used to determine the cost of a service credit purchase change
1233 at or before the member's retirement date, the cost of the purchase shall be recalculated.
1234 (b) If the recalculated cost exceeds the amount paid for the purchase, the member may:
1235 (i) pay the increased cost, plus interest, to receive the full amount of service credit; or
1236 (ii) not pay the increased cost and have the purchased service credit prorated.
1237 (5) If the recalculated cost under Subsection (4) is less than the amount paid for the
1238 purchase, the office shall refund the excess payment to the member or participating employer who
1239 paid for the purchase.
1240 (6) (a) The board may adopt rules under which a member may make the necessary
1241 payments to the office for purchases under this title as permitted by federal law.
1242 (b) The office may reject any payments if the office determines the tax status of the system,
1243 plans, or programs would be jeopardized by allowing the payment.
1244 Section 17. Section 49-11-403 , which is renumbered from Section 49-1-407 is renumbered
1245 and amended to read:
1246 [
1247 for benefit.
1248 (1) A member, a participating employer, or a member and a participating employer jointly
1249 may purchase service credit equal to the period of the member's [
1250 following:
1251 (a) United States federal employment;
1252 (b) [
1253 (c) public employment in [
1254
1255 public plan or system covering the employment, but only if the member does not qualify for any
1256 retirement benefits based on the employment;
1257 [
1258
1259 [
1260
1261 (e) full-time public service while on an approved leave of absence; or
1262 (f) the period of time for which disability benefits were paid if:
1263 (i) the member was receiving:
1264 (A) long-term disability benefits;
1265 (B) short-term disability benefits; or
1266 (C) worker's compensation disability benefits; and
1267 (ii) the member's employer had not entered into a benefit protection contract [
1268 under Section [
1269 or accident.
1270 [
1271
1272 [
1273
1274 [
1275 [
1276
1277 (2) A member shall have:
1278 (a) at least four years of service credit before a purchase can be made under this section;
1279 and
1280 (b) forfeited service credit under any other retirement system or plan based on the public
1281 employment for which service credit is being purchased.
1282 (3) To purchase credit under this section, the member, a participating employer, or a
1283 member and a participating employer jointly shall make payment to the system in an amount
1284 determined by the office based on a formula recommended by the actuary and adopted by the
1285 board.
1286 (4) The purchase may be made through payroll deductions or through a lump sum deposit
1287 based upon the present value of future payments.
1288 (5) Total payment must be completed prior to the member's effective date of retirement
1289 or service credit will be prorated in accordance with the amount paid.
1290 (6) (a) If any of the factors used to determine the cost of a service credit purchase change
1291 at or before the member's retirement date, the cost of the purchase shall be recalculated.
1292 (b) If the recalculated cost exceeds the amount paid for the purchase, the member, a
1293 participating employer, or a member and a participating employer jointly may:
1294 (i) pay the increased cost, plus interest, to receive the full amount of service credit; or
1295 (ii) not pay the increased cost and have the purchased service credit prorated.
1296 (7) If the recalculated cost under Subsection (6) is less than the amount paid for the
1297 purchase, the office shall refund the excess payment to the member or participating employer who
1298 paid for the purchase.
1299 (8) (a) The board may adopt rules under which a member may make the necessary
1300 payments to the office for purchases under this title as permitted by federal law.
1301 (b) The office may reject any payments if the office determines the tax status of the system,
1302 plans, or programs would be jeopardized by allowing the payment.
1303 Section 18. Section 49-11-404 , which is renumbered from Section 49-1-404 is renumbered
1304 and amended to read:
1305 [
1306 [
1307
1308
1309
1310
1311
1312
1313 (1) (a) A participating employer may establish a salary protection program under which
1314 its employees are paid during periods of disability.
1315 (b) If a salary protection program is established, a participating employer may enter into
1316 benefit protection contracts with the office.
1317 (c) A salary protection program shall:
1318 (i) pay benefits based on the disabled member's rate of compensation at the time of
1319 disability;
1320 (ii) be substantially equivalent to the long-term disability programs offered under Chapter
1321 21, Public Employees' Long-Term Disability Act; and
1322 (iii) comply with requirements adopted by the board.
1323 (2) [
1324 (a) the disabled member [
1325
1326 and salary [
1327 [
1328 commences;
1329 (b) the office to require participating employer contributions to be paid before granting
1330 service credit and salary credit to the member;
1331 [
1332 contract period for any [
1333 the member; and
1334 [
1335 cost-of-living increase factor applied to retired members of the system that covered the [
1336
1337 benefit protection contract.
1338 (3) (a) The [
1339 contributions are [
1340 (b) A failure to make the required payments is cause for the [
1341
1342 (c) Service credit and salary [
1343 cancellation[
1344 (4) The board may adopt rules to implement and administer this section.
1345 Section 19. Section 49-11-405 , which is renumbered from Section 49-1-406 is renumbered
1346 and amended to read:
1347 [
1348 and calculation of service credit.
1349 (1) [
1350 [
1351 Utah Governors' and Legislators' Retirement Plan may combine [
1352 purposes of determining eligibility for retirement.
1353 (b) The provisions of Subsection (1)(a) do not apply to concurrent service.
1354 (2) To be eligible for the calculation under Subsection (3), the member's [
1355 [
1356 Governors' and Legislators' Retirement Plan shall at least equal the minimum [
1357 amount of service credit required to retire [
1358
1359 (3) If [
1360 calculate the member's [
1361 [
1362 reduction applied to the allowance, except the [
1363 shall be increased or decreased to reflect the value of the assets transferred [
1364
1365 (4) The [
1366 calculating any increase or decrease in the [
1367 (5) This section does not apply to a retiree who is subject to Section 49-11-504 .
1368 Section 20. Section 49-11-501 , which is renumbered from Section 49-1-502 is renumbered
1369 and amended to read:
1370
1371 [
1372 contributions to defined contribution plan.
1373 (1) If a member shall for any cause, except retirement, permanent or temporary disability,
1374 or death, [
1375 with a participating employer the member may[
1376 may receive a refund of the member contributions as provided under this section.
1377 [
1378
1379
1380
1381
1382
1383
1384
1385
1386
1387
1388 [
1389
1390
1391
1392
1393
1394
1395 [
1396
1397 [
1398
1399 [
1400
1401 (2) A member who applies for a refund of member contributions shall apply in writing on
1402 forms provided by the office.
1403 (3) A refund of member contributions may not be made to a member within 60 days from
1404 the last date of the pay period for which contributions are made by or on behalf of the member.
1405 (4) If the member is reemployed by a participating employer within the time period under
1406 Subsection (3), the member is not eligible for a refund.
1407 (5) A member who receives a refund of member contributions forfeits the service credit
1408 based on those contributions.
1409 [
1410 [
1411 employer may request a plan-to-plan transfer of [
1412
1413 to a qualified defined contribution plan administered by the board.
1414 [
1415
1416
1417
1418 (7) A member who remains employed with an employer which has withdrawn from a
1419 system may request a plan-to-plan transfer of member contributions to a qualified defined
1420 contribution plan administered by the board or a qualified plan offered by the member's employer.
1421 (8) Refund interest shall be paid on refunds of member contributions under this section.
1422 Section 21. Section 49-11-502 , which is renumbered from Section 49-1-503 is renumbered
1423 and amended to read:
1424 [
1425 (1) [
1426
1427
1428
1429 position covered by a system or the Utah Governors' and Legislators' Retirement Plan, the
1430 participating employer or the member may redeposit an amount equal to the member contributions
1431 [
1432 (b) The interest shall be compounded annually from the date of refund through the month
1433 of payment[
1434 (c) If a redeposit is made, service credit shall be restored [
1435
1436
1437 Legislator's Retirement Plan from which the refund was taken.
1438 (2) (a) A member may redeposit [
1439 contributions and interest charges in one lump sum or [
1440
1441 [
1442 (b) If the total redeposit is not made prior to the member's retirement date, the amount of
1443 redeposit paid to the office shall be refunded to the member without interest and the member is not
1444 entitled to service credit based on the amount of the refund.
1445 (c) The interest rate charged during the installment period shall be a fixed rate calculated
1446 at the time of the first installment payment in accordance with Section 49-11-503 .
1447 (3) A member who redeposits a refund of member contributions under this section shall
1448 receive the amount of service credit forfeited in taking the refund.
1449 (4) (a) For purposes of this section, the Public Employees' Contributory Retirement
1450 System created under Chapter 12, and the Public Employees' Noncontributory Retirement System
1451 created under Chapter 13, are considered one system.
1452 (b) For purposes of this section, the Public Safety Contributory Retirement System created
1453 under Chapter 14, and the Public Safety Noncontributory Retirement System created under Chapter
1454 15, are considered one system.
1455 (c) For purposes of this section, the Judges' Contributory Retirement System created under
1456 Chapter 17, and the Judges' Noncontributory Retirement System created under, Chapter 18, are
1457 considered one system.
1458 (5) (a) The board may make rules to allow a member to make the necessary payments to
1459 the office for redeposits under this title as permitted by federal law.
1460 (b) The office may reject any payments if the office determines the tax status of the
1461 systems, plans, or programs may be jeopardized by allowing the payment.
1462 Section 22. Section 49-11-503 , which is renumbered from Section 49-1-504 is renumbered
1463 and amended to read:
1464 [
1465 payments.
1466 The rate of interest charged on redeposits of refunds, [
1467 delinquent [
1468 (1) [
1469
1470
1471
1472 (2) the actuarial interest rate as of the preceding June 30.
1473 Section 23. Section 49-11-504 , which is renumbered from Section 49-1-505 is renumbered
1474 and amended to read:
1475 [
1476 [
1477
1478
1479
1480
1481
1482 [
1483
1484
1485
1486 [
1487
1488
1489 [
1490
1491 [
1492
1493
1494
1495 [
1496
1497
1498
1499 [
1500
1501
1502
1503 [
1504
1505 [
1506
1507 [
1508
1509 [
1510
1511
1512
1513
1514 [
1515
1516
1517 [
1518
1519 [
1520
1521 [
1522
1523
1524
1525 [
1526
1527
1528 [
1529
1530 [
1531
1532 [
1533 [
1534 [
1535 (1) A person who retires from a nonparticipating employer is not subject to any
1536 postretirement restrictions under this title.
1537 (2) A retiree of an agency who returns to work at a different agency is not subject to any
1538 postretirement restrictions under this section and may not earn additional service credit.
1539 (3) For the purposes of Subsections (4) and (5), "full-time" employment means
1540 employment requiring compensation for 20 hours per week or more or at least a half-time teaching
1541 contract.
1542 (4) A retiree of an agency who is reemployed on a full-time basis by the same agency
1543 within six months of the date of retirement is subject to the following:
1544 (a) the agency shall immediately notify the office;
1545 (b) the office shall cancel the retiree's allowance and reinstate the retiree to active member
1546 status;
1547 (c) the allowance calculations and reinstatement to active member status is effective on
1548 the first day of the month following the date of reemployment;
1549 (d) the reinstated retiree may not retire again with a recalculated benefit for a two-year
1550 period from the date of cancellation of the original allowance, and if the retiree retires again within
1551 the two-year period, the original allowance shall be resumed; and
1552 (e) a reinstated retiree shall be credited with the service credit in the retiree's account at
1553 the time of the first retirement and from that time shall be treated as a member of a system,
1554 including the accrual of additional service credit, but subject to recalculation of the allowance
1555 under Subsection (9).
1556 (5) A retiree of an agency who is reemployed by the same agency within six months of
1557 retirement on a less than full-time basis by the same agency is subject to the following:
1558 (a) the retiree may earn, without penalty, compensation from that position which is not in
1559 excess of the exempt earnings permitted by Social Security;
1560 (b) if a retiree receives compensation in a calendar year in excess of the Social Security
1561 limitation, 25% of the allowance shall be suspended for the remainder of the six-month period;
1562 (c) the effective date of a suspension and reinstatement of an allowance shall be set by the
1563 office; and
1564 (d) any suspension of a retiree's allowance under this Subsection (5) shall be applied on
1565 a calendar year basis.
1566 (6) For six months immediately following retirement, the retiree and participating
1567 employer shall:
1568 (a) maintain an accurate record of gross earnings in employment;
1569 (b) report the gross earnings at least monthly to the office;
1570 (c) immediately notify the office in writing of any postretirement earnings under
1571 Subsection (4); and
1572 (d) immediately notify the office in writing whether postretirement earnings equal or
1573 exceed the exempt earnings under Subsection (5).
1574 (7) A retiree of an agency who is reemployed by the same agency after six months from
1575 the retirement date is not subject to any postretirement penalties under this title and may not earn
1576 additional service credit.
1577 (8) If a participating employer hires a retiree that may not earn additional service credit
1578 under this section, the participating employer shall contribute the same percentage of a retiree's
1579 salary that the participating employer would have been required to contribute if the retiree were
1580 an active member, up to the amount allowed by federal law, to a retiree designated:
1581 (a) defined contribution plan administered by the board, if the participating employer
1582 participates in the defined contribution plan administered by the board; or
1583 (b) defined contribution plan offered by the participating employer if the participating
1584 employer does not participate in a defined contribution plan administered by the board.
1585 (9) Notwithstanding any other provision of this section, a retiree who has returned to work,
1586 accrued additional service credit, and again retires shall have the retiree's allowance recalculated
1587 using:
1588 (a) the formula in effect at the date of the retiree's original retirement for all service credit
1589 accrued prior to that date; and
1590 (b) the formula in effect at the date of the subsequent retirement for all service credit
1591 accrued between the first and subsequent retirement dates.
1592 (10) This section does not apply to elected positions.
1593 [
1594 Section 24. Section 49-11-601 , which is renumbered from Section 49-1-601 is renumbered
1595 and amended to read:
1596
1597 [
1598 to comply -- Adjustments to be made.
1599 (1) The employer contributions, fees, [
1600 other required payments shall be paid to the [
1601
1602 (2) [
1603 [
1604
1605 administratively possible, shall also pay the member contributions to the office out of its own
1606 funds.
1607 (3) [
1608 contributions required by this title [
1609
1610
1611 of the pay period, the participating employer is liable to the office as provided in Section
1612 49-11-604 for:
1613 (a) delinquent contributions;
1614 (b) refund interest on the delinquent contributions; and
1615 (c) a 12% per annum penalty on delinquent contributions.
1616 [
1617 expenses, and fees if the [
1618 surrounding [
1619 [
1620
1621
1622 (5) Contributions made in error will be refunded to the participating employer or member
1623 that made the contributions.
1624 Section 25. Section 49-11-602 , which is renumbered from Section 49-1-602 is renumbered
1625 and amended to read:
1626 [
1627 Penalties for failure to comply.
1628 (1) [
1629
1630
1631 this title and other records necessary for proper administration of this title as required by the office.
1632 [
1633
1634
1635
1636 (2) A participating employer shall maintain the records required under Subsection (1) until
1637 three years after the latest of:
1638 (a) the date of retirement of the employee from a system or plan; or
1639 (b) the date of death of the employee.
1640 (3) A participating employer shall be liable to the office for:
1641 (a) any liabilities and expenses, including administrative expenses and the cost of
1642 increased benefits to members, resulting from the participating employer's failure to maintain
1643 records under this section; and
1644 (b) 12% per annum penalty of those liabilities and expenses.
1645 (4) The executive director may waive all or any part of the interest, penalties, expenses,
1646 and fees if the executive director finds there were extenuating circumstances surrounding the
1647 participating employer's failure to comply with this section.
1648 (5) The executive director may estimate the length of service, compensation, or age of any
1649 member, if that information is not contained in the records.
1650 Section 26. Section 49-11-603 is enacted to read:
1651 49-11-603. Participating employer to report and certify -- Time limit -- Penalties for
1652 failure to comply.
1653 (1) As soon as administratively possible, but in no event later than 60 days after the end
1654 of each pay period, a participating employer shall report and certify to the office:
1655 (a) the eligibility for service credit accrual of:
1656 (i) all current members;
1657 (ii) each new member as they begin employment; and
1658 (iii) any changes to eligibility for service credit accrual of each member.
1659 (b) the compensation of each current member eligible for service credit; and
1660 (c) other factors relating to the proper administration of this title as required by the
1661 executive director.
1662 (2) Each participating employer shall submit the reports required under Subsection (1) in
1663 a form approved by the office.
1664 (3) A participating employer shall be liable to the office for:
1665 (a) any liabilities and expenses, including administrative expenses and the cost of
1666 increased benefits to members, resulting from the participating employer's failure to correctly
1667 report and certify records under this section;
1668 (b) 12% per annum penalty of those liabilities and expenses; and
1669 (c) attorneys' fees.
1670 (4) The executive director may waive all or any part of the interest, penalties, expenses,
1671 and fees if the executive director finds there were extenuating circumstances surrounding the
1672 participating employer's failure to comply with this section.
1673 (5) The executive director may estimate the length of service, compensation, or age of any
1674 member, if that information is not contained in the records.
1675 Section 27. Section 49-11-604 is enacted to read:
1676 49-11-604. Office audits of participating employers -- Penalties for failure to comply.
1677 (1) (a) The office may perform on-site compliance audits of participating employers to
1678 determine compliance with reporting, contribution, and certification requirements under this title.
1679 (b) The office may request records to be provided by the participating employer at the time
1680 of the audit.
1681 (c) Audits shall be conducted at the sole discretion of the office after reasonable notice to
1682 the participating employer of at least five working days.
1683 (d) The participating employer shall extract and provide records as requested by the office
1684 in an appropriate, organized, and usable format.
1685 (e) Failure of a participating employer to allow access, provide records, or comply in any
1686 way with an office audit shall result in the participating employer being liable to the office for:
1687 (i) any liabilities and expenses, including administrative expenses and travel expenses,
1688 resulting from the participating employer's failure to comply with the audit; and
1689 (ii) a 1% penalty of the participating employer's last month's contributions.
1690 (2) If the audit reveals a participating employer's failure to make contributions as required
1691 under Section 49-11-601 , a failure to maintain records as required under Section 49-11-602 , or a
1692 failure to correctly report or certify eligibility as required under Section 49-11-603 , the
1693 participating employer shall reimburse the office for the cost of the audit.
1694 (3) If the audit reveals that an incorrect benefit has been paid by the office to a member,
1695 participant, alternate payee, or beneficiary due to a participating employer's failure to comply with
1696 the requirements of Section 49-11-601 , 49-11-602 , or 49-11-603 , in addition to the liabilities
1697 contained in Subsection (2), the participating employer shall be liable to the office for the
1698 following:
1699 (a) the actuarial cost of correcting the incorrect benefit; and
1700 (b) administrative expenses.
1701 (4) The executive director may waive all or any part of the interest, penalties, expenses,
1702 and fees if the executive director finds there were extenuating circumstances surrounding the
1703 participating employer's failure to comply with this section.
1704 Section 28. Section 49-11-605 is enacted to read:
1705 49-11-605. Notification and correction of violations.
1706 If a participating employer discovers that it has violated Section 49-11-601 , 49-11-602, or
1707 49-11-603 prior to the office becoming aware of the violation, notifies the office of the violation
1708 in writing, and corrects the violation within a period agreed to by the office, the penalties under
1709 those sections shall be waived.
1710 Section 29. Section 49-11-606 is enacted to read:
1711 49-11-606. Full participation.
1712 Except as provided in Sections 49-12-203 , 49-12-204 , 49-13-203 , 49-13-204 , 49-14-203 ,
1713 and 49-15-203 , participating employers shall cover all employees eligible for service credit under
1714 this title.
1715 Section 30. Section 49-11-607 , which is renumbered from Section 49-1-603 is renumbered
1716 and amended to read:
1717 [
1718 calculations -- Correction of errors by the office.
1719 (1) After the [
1720 application for retirement, no alteration, addition, or cancellation of a benefit may be made except
1721 as provided in Subsections (2), (3), and (4) or other law.
1722 (2) (a) Errors in the records or in the calculations of the [
1723 in an incorrect benefit to any member, retiree, participant, covered individual, alternate payee, or
1724 beneficiary [
1725 corrected by the [
1726 (b) Future payments shall be made to any member, retiree, participant, covered individual,
1727 alternate payee, or beneficiary[
1728 [
1729 [
1730 [
1731
1732
1733
1734
1735 (3) (a) Errors in the records or calculation of a participating employer which result in an
1736 incorrect benefit to a member, retiree, participant, covered individual, alternate payee, or
1737 beneficiary shall be corrected by the participating employer.
1738 (b) If insufficient employer contributions have been received by the office, the
1739 participating employer shall pay any delinquent employer contributions, plus interest under Section
1740 49-11-503 , required by the office to maintain the system, plan, or program affected on an
1741 actuarially sound basis.
1742 (c) If excess contributions have been received by the office, the contributions shall be
1743 refunded to the participating employer or member which paid the contributions.
1744 (4) If a [
1745 [
1746 [
1747 [
1748 the member's [
1749 recalculated upon settlement of the dispute [
1750 Section 31. Section 49-11-608 , which is renumbered from Section 49-1-604 is renumbered
1751 and amended to read:
1752 [
1753 checks.
1754 (1) [
1755 to be falsified any record necessary for carrying out the intent of this title is in violation of Section
1756 76-6-504 .
1757 (2) [
1758 violation of Section 76-6-501 .
1759 Section 32. Section 49-11-609 , which is renumbered from Section 49-1-606 is renumbered
1760 and amended to read:
1761 [
1762 designation -- Procedure -- Beneficiary not designated -- Payment to survivors in order
1763 established under the Uniform Probate Code -- Restrictions on payment -- Payment of
1764 deceased's expenses.
1765 (1) As used in this section, "member" includes a member, retiree, participant, covered
1766 individual, a spouse of a retiree participating in the insurance benefits created by Sections
1767 49-12-404 and 49-13-404 , or an alternate payee under a domestic relations order dividing a defined
1768 contribution account.
1769 [
1770
1771 member's death [
1772 [
1773 a specific benefit designation to a dependent spouse, a member may revoke a beneficiary
1774 designation [
1775 designation [
1776
1777
1778
1779 (b) A change of beneficiary designation shall be completed on forms provided by the
1780 office.
1781 (4) (a) All benefits payable by the office may be paid or applied to the benefit of the
1782 surviving next of kin of the deceased in the order of precedence established under Title 75, Chapter
1783 2, Intestate Succession and Wills, if:
1784 [
1785
1786
1787 (ii) the location of the beneficiary cannot be ascertained by the office within 12 months
1788 of the date beneficiaries are provided with the forms; or
1789 (iii) the beneficiary has not completed the forms necessary to pay the benefits within six
1790 months of the date beneficiaries are provided the forms.
1791 [
1792 [
1793 [
1794 (ii) Payment to [
1795
1796 [
1797 [
1798 [
1799 decedent[
1800 (5) Benefits paid under this section shall be [
1801 (a) a full satisfaction and discharge of all claims for benefits under this title; and
1802 (b) payable by reason of the death of the decedent.
1803 [
1804
1805
1806
1807
1808
1809 Section 33. Section 49-11-610 , which is renumbered from Section 49-1-607 is renumbered
1810 and amended to read:
1811 [
1812 (1) (a) Any benefits payable to a beneficiary [
1813 the name of [
1814 appointed guardian or conservator of the beneficiary, or delivered as otherwise ordered by a court
1815 of competent jurisdiction [
1816
1817 (b) If the benefit involves a payment not to exceed an amount authorized by the Utah
1818 Uniform Probate Code to any one beneficiary, the [
1819 appointment of a guardian or conservator or the giving of a bond, pay the amount due to the
1820 [
1821 support.
1822 (c) The payment shall be in either a lump sum or in monthly amounts[
1823 (d) The total of the payments [
1824 and release [
1825 (2) All continuing monthly benefits payable to beneficiaries upon the death of [
1826 a member or participant shall be [
1827 of death of the member or participant.
1828 Section 34. Section 49-11-611 , which is renumbered from Section 49-1-608 is renumbered
1829 and amended to read:
1830 [
1831 Exceptions.
1832 [
1833 beneficiary of any system or plan administered by the [
1834 [
1835 by this title are exempt from any state, county, or municipal tax[
1836 (2) An allowance, a refund of member contributions, or other benefits that are subject to
1837 [
1838 or beneficiary of any system or plan administered by the board and which [
1839 taxed is subject to Title 59, Chapter 10, Individual Income Tax Act.
1840 Section 35. Section 49-11-612 , which is renumbered from Section 49-1-609 is renumbered
1841 and amended to read:
1842 [
1843 legal process.
1844 (1) Except as provided in [
1845 member, retiree, participant, or beneficiary to any benefit, payment, or any other right accrued or
1846 accruing [
1847 not subject to alienation or assignment by the member, retiree, participant, or [
1848 beneficiaries and are not subject to attachment, execution, garnishment, or any other legal or
1849 equitable process.
1850 [
1851
1852
1853 (2) The office may, upon the request of the retiree, deduct from the retiree's allowance
1854 insurance premiums or other dues payable on behalf of the retiree, but only to those entities that
1855 have received the deductions prior to February 1, 2002.
1856 (3) (a) [
1857 the division of [
1858 continuing monthly death benefit, or refund of member contributions upon termination to former
1859 spouses and family members [
1860 respect to domestic relations matters on file with the [
1861 (b) The court order shall specify the manner in which the [
1862 contribution account, continuing monthly death benefit, or refund of member contributions shall
1863 be partitioned, whether as a fixed amount or as a percentage of the benefit.
1864 [
1865
1866 [
1867
1868 [
1869
1870 [
1871
1872 [
1873 (c) Allowances, continuing monthly death benefits, and refunds of member contributions
1874 split under a domestic relations order are subject to the following:
1875 (i) the period for which payments shall be made under the original domestic relations order
1876 may not be altered;
1877 (ii) payments to an alternate payee shall begin at the time the member or beneficiary begins
1878 receiving payments; and
1879 (iii) the alternate payee shall receive payments in the same form as payments received by
1880 the member or beneficiary.
1881 (4) In accordance with federal law, the board may deduct the required amount from any
1882 benefit, payment, or other right accrued or accruing to any member of a system, plan, or program
1883 under this title to offset any amount that member owes to a system, plan, or program administered
1884 by the board.
1885 (5) The board shall make rules to implement this section.
1886 Section 36. Section 49-11-613 , which is renumbered from Section 49-1-610 is renumbered
1887 and amended to read:
1888 [
1889 Board reconsideration -- Judicial review.
1890 (1) (a) All members, retirees, participants, alternative payees, or covered individuals of a
1891 system, plan, or program under this title shall acquaint themselves with their rights and obligations
1892 [
1893 (b) A [
1894 this title shall request a ruling by the [
1895
1896 (c) [
1897 with respect to any benefit claim or legal right under any system, plan, or program under this title
1898 shall request a review of that claim by a hearing officer.
1899 [
1900 [
1901 [
1902 [
1903 Procedures Act[
1904 title;
1905 (c) hear and determine all facts pertaining to applications for benefits under any
1906 [
1907 administration of the [
1908 [
1909
1910
1911 [
1912
1913
1914
1915 (d) make conclusions of law in determining the person's rights under any system, plan, or
1916 program under this title and matters pertaining to the administration of the office.
1917 [
1918 in accordance with rules adopted by the board.
1919 [
1920 burden of proof.
1921 [
1922
1923 board upon any of the following grounds:
1924 (a) that the board acted in excess of its powers;
1925 (b) that the order or award was procured by fraud;
1926 (c) that the evidence does not justify the determination of the [
1927 (d) that the [
1928 reasonable diligence, have been discovered or procured [
1929 (6) The board shall affirm, reverse, or modify the decision of the hearing officer, or
1930 remand the application to the hearing officer for further consideration.
1931 [
1932 by complying with the procedures and requirements of Title 63, Chapter 46b, Administrative
1933 Procedures Act.
1934 (8) The board may make rules to implement this section.
1935 Section 37. Section 49-11-614 , which is renumbered from Section 49-1-613 is renumbered
1936 and amended to read:
1937 [
1938 If any [
1939 Legislators' Retirement Plan is terminated, the accrued benefits of each member in the terminated
1940 system or plan shall immediately become [
1941 Section 38. Section 49-11-615 , which is renumbered from Section 49-1-614 is renumbered
1942 and amended to read:
1943 [
1944 (1) Notwithstanding any other provision of this title, the [
1945 allowance payable to any person who becomes a member of any system, administered by the board
1946 on or after January 1, 1990, may not exceed the limitation imposed by Section 415 of the Internal
1947 Revenue Code of 1986, as amended, which is incorporated by reference.
1948 (2) This constitutes an election of the grandfather provision under Section 415(b)(10)(C)
1949 of the Internal Revenue Code.
1950 Section 39. Section 49-11-616 , which is renumbered from Section 49-1-615 is renumbered
1951 and amended to read:
1952 [
1953 (1) The [
1954 information[
1955 participating [
1956 benefits available under this title.
1957 [
1958
1959
1960 [
1961
1962 [
1963
1964 [
1965 [
1966
1967 [
1968
1969 (2) (a) [
1970 under Subsection (1) to each eligible employee immediately upon:
1971 (i) termination of service[
1972 (ii) leave of absence[
1973 (iii) commencement of long-term disability benefits; or
1974 (iv) retirement.
1975 (b) (i) Each participating employer shall maintain the records necessary to demonstrate that
1976 each employee has received the information outlined in Subsection (1).
1977 (ii) The records shall be made available to the office upon request.
1978 [
1979 (3) (a) The office shall provide each participating employer with a form to be signed by
1980 each employee which verifies that the employee has been given the information required by this
1981 section.
1982 (b) A copy of [
1983 office [
1984 (4) The dissemination of information to the employer by the [
1985 under this section constitutes presentment by the policyholder [
1986 Chapter 22, Contracts in Specific Lines, and other law.
1987 Section 40. Section 49-11-617 , which is renumbered from Section 49-1-616 is renumbered
1988 and amended to read:
1989 [
1990 [
1991
1992 [
1993
1994
1995 At the reasonable discretion of the office, any document relating to this title may be treated
1996 as an original, whether created by photocopy, facsimile, e-mail, electronic transmission, imaging,
1997 or other technology.
1998 Section 41. Section 49-11-618 , which is renumbered from Section 49-1-403 is renumbered
1999 and amended to read:
2000 [
2001 of information -- Confidentiality of information.
2002 (1) (a) Every member, retiree, participant, covered individual, alternate payee, and
2003 beneficiary is subject to this chapter [
2004
2005 (b) Each member, retiree, participant, covered individual, alternate payee, and beneficiary
2006 shall furnish to the [
2007
2008 (2) (a) All data [
2009 and [
2010 [
2011 (b) All data in the possession of the office or divulged pursuant to board action shall be
2012 used for the sole purpose of carrying into effect the provisions of this [
2013
2014
2015 Section 42. Section 49-11-619 , which is renumbered from Section 49-1-405 is renumbered
2016 and amended to read:
2017 [
2018 [
2019
2020
2021
2022 (1) (a) Except for defined contribution plans authorized by this title, a retiree or beneficiary
2023 may permanently relinquish a benefit under this title by signing an irrevocable written
2024 relinquishment.
2025 (b) If the retiree has designated a beneficiary which is still living, the written
2026 relinquishment must be signed by both the retiree and the beneficiary.
2027 (2) The value of the benefit permanently relinquished under Subsection (1) shall remain
2028 in the fund from which the benefit was relinquished and shall be used in the calculation of future
2029 contribution rates.
2030 (3) A designated beneficiary may disclaim beneficiary status and the benefit shall then be
2031 payable first to any alternate designated beneficiary, then dispersed under Title 75, Chapter 2,
2032 Intestate Succession and Wills, as applicable.
2033 (4) The office is not required to recognize or accept any written relinquishment that
2034 jeopardizes the tax qualified status of the systems, plans, or programs or otherwise violates federal
2035 law.
2036 Section 43. Section 49-11-620 is enacted to read:
2037 49-11-620. Closing the retirement account -- Status of retirants and beneficiaries.
2038 (1) The monthly benefit payable for the month a retiree, beneficiary, or alternate payee dies
2039 shall be a full monthly benefit and shall be payable to the estate of the deceased.
2040 (2) If more than one year has elapsed since the death of a retiree whose designated
2041 beneficiary is deceased and whose account payable to the beneficiary amounts to $100 or less, the
2042 account shall be closed and further payment may not be made.
2043 Section 44. Section 49-11-701 , which is renumbered from Section 49-1-701 is renumbered
2044 and amended to read:
2045
2046 [
2047 (1) This section applies to members of any system administered by the board under this
2048 title, whose retirement allowance remained exempt from the tax imposed under Title 59, Chapter
2049 10, Individual Income Tax Act, pursuant to Section 2, Chapter 195, Laws of Utah 1988, but whose
2050 allowance has subsequently become subject to that tax.
2051 (2) Any member who meets the conditions established under Subsection (1) shall receive
2052 the following:
2053 (a) the administrator shall calculate the member's retirement allowance pursuant to the
2054 formula governing the system from which the member retired;
2055 (b) the administrator shall then increase the allowance calculated under Subsection (2)(a)
2056 by 3%; and
2057 (c) the adjusted retirement allowance under Subsection (2) (b) is the new basis upon which
2058 any future adjustments to benefits are made.
2059 (3) (a) For all members who retire or are receiving retirement allowances in calendar year
2060 1989, the administrator shall apply the 3% adjustment under Subsection (2) to all retirement
2061 allowances received in 1989, so that the period for which the allowance becomes subject to the tax
2062 under Title 59, Chapter 10, Individual Income Tax Act, and the period for which the 3%
2063 adjustment is given are the same.
2064 (b) For all members who retire after December 31, 1989, and who meet the requirements
2065 of Subsection (1), the administrator shall apply the 3% adjustment under Subsection (2) beginning
2066 on the effective date of retirement.
2067 (4) Any penalty or interest for underpayment of taxes under Title 59, Chapter 1, General
2068 Taxation Policies, or 10, Individual Income Tax Act, shall be waived for members whose
2069 noncompliance is attributable to Section [
2070 to tax year 1989.
2071 (5) The administrator shall comply with Title 59, Chapter 10, Part 4, Withholding of Tax,
2072 with respect to withholding of taxes.
2073 (6) (a) The retirement board shall annually certify the contribution rate necessary for each
2074 system to comply with this section and may adopt rules to administer this section.
2075 (b) This contribution rate shall be reported separately from the total contribution rate
2076 necessary to fund the systems on an actuarially sound basis and may not be used in comparative
2077 studies of public employee benefits.
2078 Section 45. Section 49-11-801 , which is renumbered from Section 49-1-611 is renumbered
2079 and amended to read:
2080
2081 [
2082 and state laws -- Rules to implement this provision -- Costs of administration -- Limitations
2083 on eligibility -- Protection of tax status.
2084 (1) (a) The board may establish and administer [
2085 plans established under [
2086
2087 (b) Voluntary deferrals and nonelective contributions shall be permitted according to the
2088 provisions of these plans as established by the board. [
2089
2090
2091 (c) The defined contribution account balance is vested in the participant.
2092 [
2093
2094 (2) (a) Voluntary deferrals and nonelective contributions shall be [
2095
2096 (b) Participants may direct the investment of their account in the investment options
2097 established by the board and in accordance with federal and state law.
2098 [
2099 implement and administer this section.
2100 (b) The board may adopt rules under which a participant may put money into a defined
2101 contribution plan as permitted by federal law.
2102 (c) The office may reject any payments if the office determines the tax status of the
2103 systems, plans, or programs would be jeopardized by allowing the payment.
2104 (d) Costs of administration [
2105
2106 established by the board. [
2107 (4) Voluntary deferrals and nonelective contributions may be invested [
2108
2109 Fund.
2110 [
2111
2112 [
2113 status of the [
2114 [
2115 creation of excess benefit plans authorized by federal law[
2116
2117 (6) The office may, at its sole discretion, correct errors made in the administration of its
2118 defined contribution plans.
2119 Section 46. Section 49-11-802 is enacted to read:
2120 49-11-802. Permanent relinquishment of defined contribution benefit -- Procedure.
2121 A participant or designated beneficiary under a defined contribution plan may permanently
2122 relinquish the benefit by signing an irrevocable written relinquishment.
2123 Section 47. Section 49-12-101 , which is renumbered from Section 49-2-101 is renumbered
2124 and amended to read:
2125
2126
2127 [
2128 This chapter is known as the "Public Employees' Contributory Retirement Act."
2129 Section 48. Section 49-12-102 , which is renumbered from Section 49-2-103 is renumbered
2130 and amended to read:
2131 [
2132 As used in this chapter:
2133 [
2134
2135
2136
2137 [
2138
2139 [
2140 [
2141 [
2142
2143
2144 [
2145
2146 [
2147
2148 [
2149 [
2150
2151 [
2152 [
2153
2154 [
2155 [
2156
2157 [
2158 [
2159
2160
2161 [
2162 [
2163 [
2164 [
2165 [
2166
2167 [
2168
2169
2170 [
2171
2172
2173 [
2174
2175
2176 (1) (a) Except as provided in Subsection (1)(c),"compensation" means the total amount
2177 of payments made by a participating employer to a member of this system for services rendered
2178 to the participating employer, including:
2179 (i) bonuses;
2180 (ii) cost-of-living adjustments;
2181 (iii) other payments currently includable in gross income and that are subject to Social
2182 Security deductions, including any payments in excess of the maximum amount subject to
2183 deduction under Social Security law;
2184 (iv) amounts that the member authorizes to be deducted or reduced for salary deferral or
2185 other benefits authorized by federal law; and
2186 (v) member contributions.
2187 (b) "Compensation" for purposes of this chapter may not exceed the amount allowed under
2188 Internal Revenue Code, Section 401(a)(17).
2189 (c) "Compensation" does not include:
2190 (i) the monetary value of remuneration paid in kind, including a residence or use of
2191 equipment;
2192 (ii) the cost of any employment benefits paid for by the participating employer;
2193 (iii) compensation paid to a temporary employee, an exempt employee, or an employee
2194 otherwise ineligible for service credit;
2195 (iv) any payments upon termination, including accumulated vacation, sick leave payments,
2196 severance payments, compensatory time payments, or any other special payments; or
2197 (v) any costs incurred by the member and reimbursed by the participating employer,
2198 including automobile costs, uniform costs, travel costs, tuition costs, housing costs, insurance
2199 costs, and dependent care costs.
2200 (d) The executive director may determine if a payment not listed under this Subsection (1)
2201 falls within the definition of compensation.
2202 [
2203 years of annual compensation preceding retirement subject to Subsections [
2204 (d).
2205 (a) Except as provided in Subsection [
2206 compensation in any one of the years used may not exceed the previous year's [
2207 compensation by more than 10% plus a cost-of-living adjustment equal to the decrease in the
2208 purchasing power of the dollar during the previous year, as measured by [
2209
2210 as determined by the board.
2211 (b) In cases where the [
2212 documentation to the [
2213 (i) the member has transferred from another [
2214 (ii) the member has been promoted to a new position.
2215 (c) If the member retires more than six months from the date of termination of employment
2216 [
2217 to have been in service at the member's last [
2218 of employment to the effective date of retirement [
2219 for purposes of computing the member's final average salary only.
2220 (d) If [
2221 system, final average salary means the average annual compensation paid to the member during
2222 the full period of [
2223 [
2224 [
2225
2226
2227 [
2228
2229
2230
2231
2232 [
2233
2234
2235
2236 [
2237 [
2238
2239 [
2240
2241
2242 [
2243 [
2244 [
2245
2246
2247
2248
2249 [
2250
2251 (3) "Participating employer" means an employer which meets the participation
2252 requirements of Section 49-12-201 .
2253 (4) (a) "Regular full-time employee" means an employee whose term of employment for
2254 a participating employer contemplates continued employment during a fiscal or calendar year and
2255 whose employment normally requires an average of 20 hours or more per week, except as modified
2256 by the board, and who receives benefits normally provided by the participating employer.
2257 (b) "Regular full-time employee" includes:
2258 (i) a teacher whose term of employment for a participating employer contemplates
2259 continued employment during a school year and who teaches half-time or more or a classified
2260 school employee who works an average of 20 hours per week or more for a participating employer,
2261 regardless of benefits provided;
2262 (ii) an officer, elective or appointive, who earns during the first full month of the term of
2263 office $500 or more, indexed as of January 1, 1989, as provided in Section 49-12-407 ;
2264 (iii) a faculty member or employee of an institution of higher education who is considered
2265 full-time by that institution of higher education; and
2266 (iv) an individual who otherwise meets the definition of this Subsection (4) who performs
2267 services for a participating employer through an employee leasing or similar arrangement.
2268 (5) "System" means the Public Employees' Contributory Retirement System created under
2269 this chapter.
2270 (6) "Years of service credit" means:
2271 (a) a period, consisting of 12 full months as determined by the board;
2272 (b) a period determined by the board, whether consecutive or not, during which a regular
2273 full-time employee performed services for a participating employer, including any time the regular
2274 full-time employee was absent on a paid leave of absence granted by a participating employer or
2275 was absent in the service of the United States government on military duty as provided by this
2276 chapter; or
2277 (c) the regular school year consisting of not less than eight months of full-time service for
2278 a regular full-time employee of an educational institution.
2279 Section 49. Section 49-12-103 , which is renumbered from Section 49-2-201 is renumbered
2280 and amended to read:
2281 [
2282 There is created for [
2283
2284 Retirement System."
2285 Section 50. Section 49-12-104 , which is renumbered from Section 49-2-202 is renumbered
2286 and amended to read:
2287 [
2288 (1) There is created the "Public Employees' Contributory Retirement Trust Fund" for the
2289 purpose of paying the benefits and costs of administering this system.
2290 (2) The fund shall consist of all money paid into it, including interest, in accordance with
2291 this chapter, whether in the form of cash, securities, or other assets, and of all money received from
2292 any other source.
2293 (3) Custody, management, and investment of the fund shall be governed by [
2294 Chapter [
2295 Section 51. Section 49-12-201 , which is renumbered from Section 49-2-203 is renumbered
2296 and amended to read:
2297
2298 [
2299 [
2300
2301
2302 [
2303
2304
2305 [
2306
2307
2308
2309 (1) A regular full-time employee of a participating employer is eligible for service credit
2310 in this system upon the later of:
2311 (a) the date on which the participating employer began participating in this system; or
2312 (b) the effective date of employment of the regular full-time employee with the
2313 participating employer.
2314 (2) Beginning July 1, 1986, a person entering employment with the state and its
2315 educational institutions may not participate in this system.
2316 Section 52. Section 49-12-202 , which is renumbered from Section 49-2-204 is renumbered
2317 and amended to read:
2318 [
2319 Admission requirements -- Exceptions -- Nondiscrimination requirements.
2320 (1) (a) [
2321 (2), [
2322 from participation in [
2323
2324
2325
2326 (b) In addition to their participation in this system, participating employers may provide
2327 or participate in public or private retirement, supplemental or defined contribution plan, either
2328 directly or indirectly, for their employees.
2329 (2) [
2330 participating employer in [
2331 participation in [
2332 [
2333 of private or public retirement, supplemental or [
2334 plan, either directly or indirectly, for its employees, except for social security; or
2335 [
2336 bargained retirement [
2337 that date.
2338 [
2339
2340
2341
2342
2343
2344
2345
2346 [
2347
2348
2349
2350
2351 [
2352
2353 [
2354
2355 [
2356 [
2357
2358
2359 [
2360
2361 [
2362
2363
2364 [
2365
2366 [
2367
2368 [
2369
2370 [
2371 [
2372
2373 [
2374
2375
2376
2377 [
2378 [
2379
2380
2381 [
2382
2383
2384 [
2385
2386
2387
2388
2389 [
2390
2391
2392 [
2393
2394 (3) An employer who did not become a participating employer in this system prior to July
2395 1, 1986, may not participate in this system.
2396 (4) If a participating employer purchases service credit on behalf of regular full-time
2397 employees for service rendered prior to the participating employer's admission to this system, the
2398 service credit shall be purchased in a nondiscriminatory manner on behalf of all current and former
2399 regular full-time employees who were eligible for service credit at the time service was rendered.
2400 Section 53. Section 49-12-203 , which is renumbered from Section 49-2-205 is renumbered
2401 and amended to read:
2402 [
2403 (1) The following employees are [
2404 eligible for service credit in this system:
2405 [
2406 nature or the type of work to be performed[
2407 (i) if the term of employment exceeds six months[
2408
2409 employee otherwise qualifies for service credit in this system, the participating employer shall
2410 report and certify to the office that the employee is a regular full-time employee effective the
2411 beginning of the seventh month of employment[
2412 (ii) if [
2413
2414 of termination by the same participating employer, [
2415
2416 shall report and certify that the member is a regular full-time employee when the total of the
2417 periods of employment equals six months and the employee otherwise qualifies for service credit
2418 in this system.
2419 [
2420
2421
2422 [
2423 university who holds, or is entitled to hold, [
2424 retirement annuity contract with the Teachers' Insurance and Annuity Association of America or
2425 with any other public or private system, organization, or company during any period in which [
2426
2427 compensation [
2428 employer.
2429 (ii) The employee, upon cessation of the participating employer contributions, shall
2430 immediately become [
2431 [
2432 [
2433 exemption.
2434 [
2435 member of the State Tax Commission, the Public Service Commission, and [
2436 member of a full-time or part-time [
2437 a formal request [
2438 [
2439
2440
2441 (g) An employee of the Department of Workforce Services [
2442
2443 Chapter 4, Employment Security Act.
2444 [
2445 [
2446 municipality, county, or other political subdivision who [
2447 protection. [
2448 (ii) A person eligible for exclusion under [
2449 request for [
2450 exempt under an employee exemption plan developed by the [
2451 political subdivision. [
2452
2453 (2) (a) A municipality, county, or political subdivision may not exempt [
2454
2455 municipality, county, or political subdivision[
2456 (b) A municipality, county, or political subdivision [
2457
2458 [
2459 (3) Each participating employer shall:
2460 (a) file employee exemptions annually with the [
2461
2462 (b) update the [
2463 [
2464 (4) The office may [
2465 Section 54. Section 49-12-204 , which is renumbered from Section 49-2-206 is renumbered
2466 and amended to read:
2467 [
2468 Election between different retirement plans -- Classification requirements -- Transfer
2469 between systems -- Supplemental plans authorized.
2470 (1) (a) [
2471 education who are eligible to participate in either this system or in a retirement annuity contract
2472 with the [
2473 public or private system, organization, or company, designated by the Board of Regents, shall, not
2474 later than January 1, 1979, elect to participate exclusively in this system or in an annuity contract
2475 allowed under this Subsection (1).
2476 (b) The election is final, and no right exists to make any further election.
2477 (2) (a) A [
2478 education after January 1, 1979, may participate only in the retirement plan which attaches to the
2479 person's employment classification[
2480 (b) Each institution of higher education [
2481 employment classifications, under the direction of the Board of Regents, so that each classification
2482 is assigned with either:
2483 (i) this system [
2484 (ii) the [
2485
2486 (iii) another public or private system, organization, or company designated by the Board
2487 of Regents.
2488 (3) A [
2489 education after January 1, 1979, whose employment classification requires participation in [
2490
2491 an employment classification which requires participation in:
2492 (a) an annuity plan with the [
2493 America; or [
2494 (b) another public or private system, organization, or company designated by the Board
2495 of Regents[
2496 (4) A [
2497 education after January 1, 1979, whose employment classification requires participation in [
2498
2499
2500 [
2501
2502
2503
2504
2505 [
2506
2507
2508
2509
2510 Section 55. Section 49-12-301 , which is renumbered from Section 49-2-301 is renumbered
2511 and amended to read:
2512
2513 [
2514 employer to pay employee contributions -- Accounting for and vesting of member
2515 contributions -- Deductions.
2516 (1) [
2517
2518
2519 the office to maintain this system on a financially and actuarially sound basis.
2520 (2) For purposes of determining contribution rates, [
2521 levels according to participating employers[
2522 (a) Level A includes the state [
2523 agencies, independent entities, public corporations, and other instrumentalities, all participating
2524 educational institutions, and all other participating employers whose activities are associated with
2525 participating educational institutions.
2526 (b) Level B includes all other participating employers in [
2527 [
2528 the required member contributions, in addition to the required participating employer
2529 contributions.
2530 (b) Any amount contributed by [
2531 section shall vest to the member's benefit as though the member had made the contribution.
2532 (c) The [
2533 amount that is paid by the participating employer.
2534 [
2535 of the individual member.
2536 (b) This amount, together with [
2537 of benefits to the member or the member's beneficiaries.
2538 (c) All member contributions are [
2539 [
2540 deductions of member contributions.
2541 (b) The payment of compensation less [
2542 full payment [
2543 [
2544
2545
2546
2547 Section 56. Section 49-12-302 is enacted to read:
2548 49-12-302. Purchase of service credit.
2549 Any member who works 20 or more hours per week for a participating employer
2550 participating in this system, but does not meet other eligibility requirements for service credit, may
2551 purchase the service credit in accordance with Section 49-11-403 .
2552 Section 57. Section 49-12-401 , which is renumbered from Section 49-2-401 is renumbered
2553 and amended to read:
2554
2555 [
2556 Qualifications.
2557 [
2558
2559
2560
2561 [
2562
2563 [
2564
2565 [
2566
2567 (1) A member is qualified to receive an allowance from this system when:
2568 (a) the member ceases actual work for a participating employer in this system before the
2569 member's retirement date and provides evidence of the termination;
2570 (b) the member has submitted to the office a notarized retirement application form that
2571 states the member's proposed retirement date; and
2572 (c) one of the following conditions is met as of the member's retirement date:
2573 [
2574 and has attained an age of 65 years [
2575 [
2576 and has attained an age of 62 years [
2577 [
2578 and has attained an age of 60 years [
2579 [
2580 (2) (a) The member's retirement date shall be the 1st or the 16th day of the month, as
2581 selected by the member, but the retirement date must be on or after the date of termination.
2582 (b) The retirement date may not be more than 90 days before or after the date the
2583 application is received by the office.
2584 Section 58. Section 49-12-402 , which is renumbered from Section 49-2-402 is renumbered
2585 and amended to read:
2586 [
2587 allowance -- Social Security limitations.
2588 (1) (a) [
2589
2590 Except as provided under Section 49-12-701 , retirees of this system may choose from the six
2591 retirement options described in this section.
2592 (b) Options Two, Three, Four, Five, and Six are modifications of the Option One
2593 calculation.
2594 (2) [
2595
2596
2597
2598 allowance calculated as follows:
2599 (a) If the [
2600 at least 30 years of service credit, the [
2601 [
2602
2603 [
2604 multiplied by the number of years of service [
2605
2606 [
2607 multiplied by the number of years of service [
2608 after July 1, 1975.
2609 [
2610
2611
2612
2613 (b) If the [
2614 shall be reduced 3% for each year of retirement from age 60 to age 65, unless the member has 30
2615 or more years of accrued credit in which event no reduction is made to the allowance.
2616 [
2617 [
2618
2619 (ii) At the time of retirement, if a retiree's combined years of actual, not purchased, service
2620 credit is within 1/10 of one year of the total years of service credit required for retirement, the
2621 retiree shall be considered to have the total years of service credit required for retirement.
2622 (3) The allowance payable under Options Two, Three, Four, Five, and Six is calculated
2623 by reducing an Option One benefit based on actuarial computations to provide the following:
2624 (a) Option Two is a reduced allowance paid to and throughout the lifetime of the retiree,
2625 and, if the retiree receives less in annuity payments than the amount of the retiree's member
2626 contributions, the remaining balance of the retiree's member contributions shall be paid in
2627 accordance with Sections 49-11-609 and 49-11-610 .
2628 (b) Option Three is a reduced allowance paid to and throughout the lifetime of the retiree,
2629 and, upon the death of the retiree, the same reduced allowance paid to and throughout the lifetime
2630 of the retiree's lawful spouse at the time of retirement.
2631 (c) Option Four is a reduced allowance paid to and throughout the lifetime of the retiree,
2632 and upon the death of the retiree, an amount equal to 1/2 of the retiree's allowance paid to and
2633 throughout the lifetime of the retiree's lawful spouse at the time of retirement.
2634 (d) Option Five is a modification of Option Three so that if the lawful spouse at the time
2635 of retirement predeceases the retiree, an allowance equivalent to the amount payable at the time
2636 of initial retirement under Option One shall be paid to the retiree for the remainder of the retiree's
2637 life, beginning on the last day of the month following the month in which the lawful spouse dies.
2638 (e) Option Six is a modification of Option Four so that if the lawful spouse at the time of
2639 retirement predeceases the retiree, an allowance equivalent to the amount payable at the time of
2640 initial retirement under Option One shall be paid to the retiree for the remainder of the retiree's life,
2641 beginning on the last day of the month following the month in which the lawful spouse dies.
2642 (4) (a) (i) The final average salary is limited in the computation of that part of [
2643
2644 period when the [
2645 from an educational institution toward the payment of the premium required on a retirement
2646 annuity contract with the Teachers' Insurance and Annuity Association of America or with any
2647 other public or private system, organization, or company to $4,800.
2648 (ii) This limitation is not applicable to [
2649 [
2650 (b) Periods of [
2651 [
2652 purpose of retirement[
2653 of America or any other public or private system or organization based on this period of
2654 employment are forfeited.
2655 (5) (a) If a retiree under Option One dies within 90 days after the retiree's retirement date,
2656 the retirement is canceled and the death shall be considered as that of a member before retirement.
2657 (b) Any payments made to the retiree shall be deducted from the amounts due to the
2658 beneficiary.
2659 (6) If a retiree retires under either Option Five or Six and subsequently divorces, the retiree
2660 may elect to convert the benefit to a Option One benefit at the time of divorce, if there is no court
2661 order filed in the matter.
2662 Section 59. Section 49-12-403 , which is renumbered from Section 49-2-404 is renumbered
2663 and amended to read:
2664 [
2665 (1) If a [
2666
2667 [
2668 [
2669 (2) A payment made under this section constitutes a full and complete settlement of the
2670 [
2671 Section 60. Section 49-12-404 , which is renumbered from Section 49-2-405 is renumbered
2672 and amended to read:
2673 [
2674 (1) (a) [
2675 [
2676
2677 office deduct an actuarially determined amount from the retiree's allowance to provide a lump-sum
2678 benefit payable to a beneficiary upon the death of the [
2679
2680
2681 (b) A retiree may also elect to have an actuarially determined amount deducted from the
2682 retiree's allowance to provide a lump-sum death benefit payable to a beneficiary upon the death
2683 of the retiree's lawful spouse at the time of retirement.
2684 [
2685 [
2686 [
2687
2688 [
2689
2690
2691
2692
2693 [
2694
2695
2696 [
2697
2698
2699
2700 [
2701
2702 (2) (a) For retirees who pay for a lump-sum death benefit under this section through a
2703 reduction of an allowance, benefits shall be paid in accordance with Sections 49-11-609 and
2704 49-11-610 .
2705 (b) If the retiree chooses Option Three, Four, Five, or Six, and a lump-sum death benefit
2706 is payable after the death of the retiree or the lawful spouse, the allowance shall be restored to its
2707 original amount.
2708 Section 61. Section 49-12-405 , which is renumbered from Section 49-2-406 is renumbered
2709 and amended to read:
2710 [
2711 surviving spouse.
2712 (1) [
2713 of death, a member is considered to be eligible to retire under Option Three on the first day of the
2714 month following the month in which the member died if the following requirements are met:
2715 (a) the member has:
2716 (i) 25 or more years of [
2717 (ii) attained age 60 with 20 or more years of [
2718 (iii) attained age 62 with ten or more years of [
2719 (iv) attained age 65 with four or more years of [
2720 credit; and
2721 (b) the member dies leaving a spouse to whom the member has been married at least six
2722 months prior to the death date[
2723
2724
2725 [
2726 section shall apply in writing to the [
2727 receiving [
2728 after the date of application[
2729
2730 [
2731 of service credit, shall be calculated without [
2732 49-12-402 .
2733 [
2734 section are [
2735 Section [
2736 full and final settlement of the claim of the spouse or any other beneficiary filing claim for benefits
2737 under Section [
2738 Section 62. Section 49-12-406 , which is renumbered from Section 49-2-409 is renumbered
2739 and amended to read:
2740 [
2741 allowance.
2742 [
2743 rendered on a basis not considered full time by the [
2744 this chapter, shall have a [
2745 actually received by the [
2746 Section 63. Section 49-12-407 , which is renumbered from Section 49-2-601 is renumbered
2747 and amended to read:
2748 [
2749 (1) [
2750
2751
2752
2753
2754
2755
2756
2757 [
2758
2759
2760
2761
2762
2763 (a) an original allowance paid under Section 49-12-402 or 49-12-404 , if the allowance has
2764 been paid for at least one year; and
2765 (b) an original payment made to an alternate payee under a domestic relations order, if the
2766 payment is to be paid as a percentage of the allowance rather than a specific dollar amount.
2767 (2) (a) The original allowance shall be increased by the annual increase in the Consumer
2768 Price Index up to a maximum of 4%.
2769 (b) Annual increases in the Consumer Price Index in excess of 4% shall be accumulated
2770 and used in subsequent adjustments when the annual increase in the Consumer Price Index is less
2771 than 4%.
2772 (3) The Consumer Price Index used in calculating adjustments shall be a United States
2773 Bureau of Labor Statistics Consumer Price Index average as determined by the board.
2774 (4) The cost-of-living adjustment made under this section may not decrease the allowance.
2775 Section 64. Section 49-12-408 , which is renumbered from Section 49-2-602 is renumbered
2776 and amended to read:
2777 [
2778 (1) [
2779 month for each year of service credit at the time of retirement.
2780 (2) The increased allowance provided by this section may not exceed the allowance
2781 payable under [
2782 (3) The cost of providing this benefit shall be assumed within the contribution rate
2783 established under Section [
2784 Section 65. Section 49-12-501 , which is renumbered from Section 49-2-701 is renumbered
2785 and amended to read:
2786
2787 [
2788 Eligibility for death benefit -- Benefit calculation -- Payment of claim -- Exclusion.
2789 (1) The [
2790 insurance policy for members of this system.
2791 (2) The board shall make rules to [
2792 by this section and may, in accordance with federal law, establish:
2793 (a) benefit levels [
2794 (b) classes of [
2795 [
2796 [
2797
2798
2799
2800
2801 [
2802 [
2803
2804
2805
2806 (3) This death benefit is payable when:
2807 (a) the member dies prior to the member's retirement date or dies under circumstances
2808 which Section 49-12-402 requires to be treated as the death of a member before retirement;
2809 (b) the office receives acceptable proof of death; and
2810 (c) benefits are not payable under Section 49-12-404 .
2811 (4) The death benefit payable to the beneficiary under this section is a lump-sum payment
2812 consisting of:
2813 (a) the return of any member contributions under this chapter; plus
2814 (b) a percentage of the final average salary of the member to be determined by the board.
2815 (5) Any amount of a living benefit option paid to the member prior to death shall be
2816 deducted from the benefit payable to the beneficiary.
2817 [
2818 portion of the contribution rate established under Section 49-12-301 .
2819 [
2820
2821 unless:
2822 (a) that member has [
2823 1, 1987; or
2824 (b) the death of the member occurs either:
2825 (i) within a period of 120 days after the last day of [
2826 received compensation; or
2827 (ii) while the [
2828 performance of duties, if the incapacity has been continuous since the last day of [
2829 for which compensation [
2830 [
2831
2832 (8) The death benefit [
2833 Subsection (4)(b) shall be paid in accordance with Sections 49-11-609 and 49-11-610 .
2834 [
2835 otherwise provided under Subsection [
2836 [
2837 [
2838 settlement of any beneficiary's claim against the [
2839 liable for any further or additional claims or assessments on behalf of the [
2840 [
2841 office, death benefits payable to beneficiaries shall be in accordance with the order of precedence
2842 established under Title 75, Chapter 2, [
2843 [
2844
2845
2846
2847 [
2848 beneficiary of a retiree under this system.
2849 Section 66. Section 49-12-601 , which is renumbered from Section 49-2-503 is renumbered
2850 and amended to read:
2851
2852 [
2853 Reemployment of disabled retirant -- Cancellation of benefit -- Service credit -- Disabled
2854 retirant engaging in gainful employment -- Reduction of allowance -- Refusal to submit to
2855 medical examination.
2856 (1) Only members of this system who became eligible for a disability retirement allowance
2857 before January 1, 1983, are covered under this section.
2858 [
2859 retirant who has been retired for disability and who has not attained the age of 60 years, to undergo
2860 a medical examination by a physician or surgeon, appointed by the board, at the place of residence
2861 of the retirant or other place mutually agreed upon.
2862 (b) Upon the basis of the examination, the board shall determine whether the disabled
2863 retirant is still incapacitated, physically or mentally, for service under this chapter.
2864 (c) If the board determines that the retirant is not incapacitated, the retirement allowance
2865 shall be cancelled and the retirant shall be reinstated immediately to a position of the same class
2866 as that held by the retirant when retired for disability.
2867 (d) If any employing unit is unable to reinstate the retirant, the board shall continue the
2868 disability retirement allowance of the retirant until [
2869 [
2870 for membership in the retirement system, the retirement allowance shall be cancelled and the
2871 retirant shall immediately become a member of the retirement system.
2872 (b) (i) The member's individual account shall be credited with an amount which is the
2873 actuarial equivalent, at the time of reentry, based on a disabled life, of that portion of the member's
2874 retirement allowance which was derived from the member's accumulated contributions[
2875 (ii) The amount credited may not exceed the amount of accumulated contributions
2876 standing at the time of retirement.
2877 (c) Each member shall receive credit for the service [
2878 at the time of retirement.
2879 [
2880 than reentry into service, the retirant shall be paid the accumulated contributions less the amounts
2881 prescribed by Subsection [
2882 [
2883 attaining age 60, the administrator shall reduce the amount of the retirement [
2884 to an amount which, when added to the compensation earned monthly by the retirant in that
2885 occupation, may not exceed the amount of the final average monthly salary on the basis of which
2886 the current service retirement [
2887 (b) If the earning capacity of the retirant is further altered, the administrator may further
2888 alter the retirement [
2889 (c) In no event, however, may the retirement benefit be reduced below that portion of the
2890 retirant's allowance derived from the retirant's own accumulated contributions.
2891 (d) When the retirant reaches age 60, the retirement allowance shall be made equal to the
2892 amount upon which the retirant was originally retired and may not again be modified for any cause.
2893 [
2894 medical examination, the retirement allowance may be discontinued until the retirant withdraws
2895 that refusal[
2896 (b) If the refusal continues for one year the disability status may be cancelled and
2897 membership terminated.
2898 (c) (i) The retirant's accumulated contribution account shall be the actuarial equivalent on
2899 the date of the retirant's change of status, based on a disabled life, of that portion of the disability
2900 retirement allowance which was derived from the retirant's accumulated contributions[
2901 (ii) The amount credited may not exceed the amount of the retirant's accumulated
2902 contributions at the time of disability retirement.
2903 Section 67. Section 49-12-701 , which is renumbered from Section 49-2-802 is renumbered
2904 and amended to read:
2905
2906 [
2907 benefit -- Payment of costs -- Savings to be appropriated by Legislature -- Restrictions on
2908 reemployment.
2909 (1) Any member of this system may retire and receive the [
2910 under Subsection (2) if the member meets the following requirements as of the [
2911 member's retirement date:
2912 (a) the member is eligible for retirement under Section [
2913 [
2914 (b) the member elects to forfeit any stipend for retirement offered by the [
2915 participating employer; and
2916 (c) the member elects to retire from this system by applying for retirement by the date
2917 established under Subsection (3)(a) or (3)(b).
2918 (2) (a) A member who retires [
2919 member's final average salary for all years of service credit.
2920 (b) An actuarial reduction may not be applied to the [
2921 section.
2922 (3) In order to receive the [
2923 submit an application to the [
2924 (a) (i) For state and school employees under Level A, the application shall be filed by May
2925 31, 1987. The [
2926 member on the [
2927 (ii) If a Level A [
2928 or participating employer may request the [
2929 retirement date until a later date, but no later than June 30, 1988.
2930 (iii) If the [
2931 [
2932 member's original [
2933 [
2934 be used in the calculation of the final average salary for determining the retirement [
2935 allowance.
2936 (b) (i) For political [
2937 shall be filed by September 30, 1987.
2938 (ii) The [
2939 the [
2940 December, 1987.
2941 (4) (a) The cost of providing the [
2942 fiscal year 1987-88 by a supplemental appropriation in the 1988 General Session based on the
2943 retirement contribution rate increase established by the consulting actuary and approved by the
2944 board.
2945 (b) The cost of providing the [
2946 beginning July 1, 1988, by means of an increase in the retirement contribution rate established by
2947 the consulting actuary and approved by the board.
2948 (c) The rate increase under Subsections (4)(a) and (b) shall be funded:
2949 (i) for state employees, by an appropriation from the account established by the Division
2950 of Finance under Subsection (4)(d), which is funded by savings derived from this early retirement
2951 incentive and a work force reduction;
2952 (ii) for school employees, by direct contributions from the employing unit, which may not
2953 be funded through an increase in the retirement contribution amount established in Title 53A,
2954 Chapter 17a, Minimum School Program Act; and
2955 (iii) for political subdivisions under Level B, by direct contributions by the [
2956
2957 (d) (i) Each year, any excess savings derived from this early retirement incentive which
2958 are above the costs of funding the increase and the costs of paying insurance, sick leave,
2959 compensatory leave, and vacation leave under Subsections (4)(c)(i) and (c)(ii) shall be reported
2960 to the Legislature and shall be appropriated as provided by law.
2961 (ii) In the case of Subsection (4)(c)(i), the Division of Finance shall establish an account
2962 into which all savings derived from this early retirement incentive shall be deposited as the savings
2963 are realized.
2964 (iii) In the case of Subsection (4)(c)(ii), the State Office of Education shall certify the
2965 amount of savings derived from this early retirement incentive.
2966 (iv) The State Office of Education and the [
2967 not spend the savings until appropriated by the Legislature as provided by law.
2968 (5) A member who retires under this section is subject to Section [
2969 (6) The [
2970 (7) The Legislative Auditor General shall perform an audit to ensure compliance with this
2971 section.
2972 Section 68. Section 49-13-101 , which is renumbered from Section 49-3-101 is renumbered
2973 and amended to read:
2974
2975
2976 [
2977 This chapter is known as the "Public Employees' Noncontributory Retirement Act."
2978 Section 69. Section 49-13-102 , which is renumbered from Section 49-3-103 is renumbered
2979 and amended to read:
2980 [
2981 As used in this chapter:
2982 [
2983
2984
2985
2986 [
2987
2988 [
2989 [
2990 [
2991
2992
2993 [
2994
2995 [
2996
2997 [
2998 [
2999
3000 [
3001 [
3002
3003 [
3004 [
3005
3006 [
3007 [
3008
3009
3010 [
3011 [
3012 [
3013 [
3014 [
3015
3016 [
3017 [
3018
3019
3020 [
3021
3022
3023 [
3024
3025
3026 (1) (a) Except as provided in Subsection (1)(c),"compensation" means the total amount
3027 of payments made by a participating employer to a member of this system for services rendered
3028 to the participating employer, including:
3029 (i) bonuses;
3030 (ii) cost-of-living adjustments;
3031 (iii) other payments currently includable in gross income and that are subject to Social
3032 Security deductions, including any payments in excess of the maximum amount subject to
3033 deduction under Social Security law; and
3034 (iv) amounts that the member authorizes to be deducted or reduced for salary deferral or
3035 other benefits authorized by federal law.
3036 (b) "Compensation" for purposes of this chapter may not exceed the amount allowed under
3037 Internal Revenue Code, Section 401(a)(17).
3038 (c) "Compensation" does not include:
3039 (i) the monetary value of remuneration paid in kind, including a residence or use of
3040 equipment;
3041 (ii) the cost of any employment benefits paid for by the participating employer;
3042 (iii) compensation paid to a temporary employee, an exempt employee, or an employee
3043 otherwise ineligible for service credit;
3044 (iv) any payments upon termination, including accumulated vacation, sick leave payments,
3045 severance payments, compensatory time payments, or any other special payments; or
3046 (v) any costs incurred by the member and reimbursed by the participating employer,
3047 including automobile costs, uniform costs, travel costs, tuition costs, housing costs, insurance
3048 costs, and dependent care costs.
3049 (d) The executive director may determine if a payment not listed under this Subsection (1)
3050 falls within the definition of compensation.
3051 [
3052 years of annual compensation preceding retirement subject to [
3053 following:
3054 (a) Except as provided in Subsection [
3055 compensation in any one of the years used may not exceed the previous year's [
3056 compensation by more than 10% plus a cost-of-living adjustment equal to the decrease in the
3057 purchasing power of the dollar during the previous year, as measured by [
3058
3059 as determined by the board.
3060 (b) In cases where the [
3061 documentation to the [
3062 (i) the member has transferred from another [
3063 (ii) the member has been promoted to a new position.
3064 (c) If the member retires more than six months from the date of termination of employment
3065 and for purposes of computing the member's final average salary only, the member is considered
3066 to have been in service at his last [
3067 employment to the effective date of retirement [
3068 [
3069 [
3070
3071
3072 [
3073
3074
3075
3076
3077 [
3078
3079
3080
3081 [
3082 [
3083
3084 [
3085
3086
3087 [
3088 [
3089 [
3090
3091
3092
3093
3094 [
3095
3096 (3) "Participating employer" means an employer which meets the participation
3097 requirements of Section 49-13-201 .
3098 (4) (a) "Regular full-time employee" means an employee whose term of employment for
3099 a participating employer contemplates continued employment during a fiscal or calendar year and
3100 whose employment normally requires an average of 20 hours or more per week, except as modified
3101 by the board, and who receives benefits normally provided by the participating employer.
3102 (b) "Regular full-time employee" includes:
3103 (i) a teacher whose term of employment for a participating employer contemplates
3104 continued employment during a school year and who teaches half-time or more or a classified
3105 school employee who works an average of 20 hours per week or more for a participating employer,
3106 regardless of benefits provided;
3107 (ii) an officer, elective or appointive, who earns during the first full month of the term of
3108 office $500 or more, indexed as of January 1, 1989, as provided in Section 49-13-407 ;
3109 (iii) a faculty member or employee of an institution of higher education who is considered
3110 full-time by that institution of higher education; and
3111 (iv) an individual who otherwise meets the definition of this Subsection (4) who performs
3112 services for a participating employer through an employee leasing or similar arrangement.
3113 (5) "System" means the Public Employees' Noncontributory Retirement System.
3114 (6) "Years of service credit" means:
3115 (a) a period, consisting of 12 full months as determined by the board;
3116 (b) a period determined by the board, whether consecutive or not, during which a regular
3117 full-time employee performed services for a participating employer, including any time the regular
3118 full-time employee was absent on a paid leave of absence granted by a participating employer or
3119 was absent in the service of the United States government on military duty as provided by this
3120 chapter; or
3121 (c) the regular school year consisting of not less than eight months of full-time service for
3122 a regular full-time employee of an educational institution.
3123 Section 70. Section 49-13-103 , which is renumbered from Section 49-3-201 is renumbered
3124 and amended to read:
3125 [
3126 There is created for [
3127
3128 Noncontributory Retirement System."
3129 Section 71. Section 49-13-104 , which is renumbered from Section 49-3-202 is renumbered
3130 and amended to read:
3131 [
3132 (1) There is created the "Public Employees' Noncontributory Retirement Trust Fund" for
3133 the purpose of paying the benefits and costs of administering this system.
3134 (2) The fund shall consist of all money paid into it, including interest, in accordance with
3135 this chapter, whether in the form of cash, securities, or other assets, and of all money received from
3136 any other source.
3137 (3) Custody, management, and investment of the fund shall be governed by [
3138 Chapter [
3139 Section 72. Section 49-13-201 , which is renumbered from Section 49-3-203 is renumbered
3140 and amended to read:
3141
3142 [
3143 (1) Beginning July 1, 1986, the state and its educational institutions shall participate in this
3144 system.
3145 [
3146 educational institutions after [
3147
3148 [
3149 its educational institutions prior to [
3150 become [
3151
3152 under [
3153 the procedures established by the board [
3154 [
3155 (2) An employer, other than the state and its educational institutions, may participate in
3156 this system except that once [
3157
3158 irrevocable. [
3159 (a) A person entering regular full-time employment with [
3160 participating employer which [
3161
3162
3163 (b) A person in regular full-time employment with [
3164 participating employer prior to [
3165 system may either become [
3166 in this system or remain [
3167 service in the system established under [
3168 Retirement Act, by following the procedures established by the board [
3169 with this chapter.
3170 Section 73. Section 49-13-202 , which is renumbered from Section 49-3-204 is renumbered
3171 and amended to read:
3172 [
3173 Admission requirements -- Nondiscrimination requirements.
3174 (1) (a) [
3175 (2), [
3176 from participation in [
3177
3178
3179
3180 (b) In addition to their participation in this system, participating employers may provide
3181 or participate in any additional public or private retirement, supplemental or defined contribution
3182 plan, either directly or indirectly, for their employees.
3183 (2) [
3184 participating employer in [
3185 participation in [
3186 participate in any type of private or public retirement, supplemental or [
3187 defined contribution plan, either directly or indirectly, for its employees, except for Social Security.
3188 [
3189 (3) If an employer elects at any time to provide or participate in any type of public or
3190 private retirement, supplemental or defined contribution plan, either directly or indirectly, except
3191 for social security, the employer shall be a participating employer in this system.
3192 (4) (a) Any employer may by resolution of its governing body apply for [
3193 admission to [
3194
3195
3196
3197
3198
3199
3200 [
3201
3202
3203
3204
3205 (b) Upon approval of the board, the [
3206
3207 employer in this system and is subject to this title.
3208 [
3209
3210 [
3211 [
3212
3213
3214 [
3215
3216 [
3217
3218
3219 [
3220
3221 [
3222
3223 [
3224
3225 [
3226 [
3227
3228 [
3229
3230
3231
3232 [
3233 [
3234
3235
3236 [
3237
3238
3239 [
3240
3241
3242
3243
3244 [
3245
3246
3247 [
3248
3249 (5) If a participating employer purchases service credit on behalf of regular full-time
3250 employees for service rendered prior to the participating employer's admission to this system, the
3251 service credit shall be purchased in a nondiscriminatory manner on behalf of all current and former
3252 regular full-time employees who were eligible for service credit at the time service was rendered.
3253 Section 74. Section 49-13-203 , which is renumbered from Section 49-3-206 is renumbered
3254 and amended to read:
3255 [
3256 (1) The following employees are [
3257 eligible for service credit in this system:
3258 [
3259 nature or the type of work to be performed[
3260 (i) if the term of employment exceeds six months[
3261
3262 employee otherwise qualifies for service credit in this system, the participating employer shall
3263 report and certify to the office that the employee is a regular full-time employee effective the
3264 beginning of the seventh month of employment[
3265 (ii) if [
3266
3267 months of termination by the same participating employer, the [
3268
3269 employer shall report and certify to the office and the member is a regular full-time employee when
3270 the total of the periods of employment equals six months and the employee otherwise qualifies for
3271 service credit in this system.
3272 [
3273 [
3274
3275 [
3276 university who holds, or is entitled to hold, [
3277 retirement annuity contract with the Teachers' Insurance and Annuity Association of America or
3278 with any other public or private system, organization, or company during any period in which [
3279
3280 compensation [
3281 employer.
3282 (ii) The employee, upon cessation of the participating employer contributions, shall
3283 immediately become [
3284 [
3285 [
3286 exemption.
3287 [
3288 [
3289 a member of the State Tax Commission, a member of the Public Service Commission, the State
3290 Olympic Officer, and [
3291
3292
3293 [
3294
3295
3296 (g) An employee of the Department of Workforce Services [
3297
3298 35A, Chapter 4, Employment Security Act.
3299 [
3300 [
3301 municipality, county, or other political subdivision, who [
3302 service protection. [
3303 (ii) A person eligible for exclusion under [
3304 request for [
3305 exempt under an employee exemption plan developed by the [
3306 political subdivision. [
3307
3308 (2) (a) A municipality, county, or political subdivision may not exempt [
3309
3310 municipality, county, or political subdivision, whichever is lesser. [
3311 (b) A municipality, county, or political subdivision [
3312
3313 [
3314 (3) Each participating employer shall:
3315 (a) file employee exemptions annually with the [
3316
3317 (b) update the [
3318 [
3319 (4) The office may [
3320 Section 75. Section 49-13-204 , which is renumbered from Section 49-3-207 is renumbered
3321 and amended to read:
3322 [
3323 Election between different retirement plans -- Classification requirements -- Transfer
3324 between systems -- Supplemental plans authorized.
3325 (1) (a) [
3326 education who are eligible to participate in either this system or in a retirement annuity contract
3327 with the [
3328 public or private system, organization, or company, designated by the Board of Regents, shall, not
3329 later than January 1, 1979, elect to participate exclusively in this system or in an annuity contract
3330 allowed under this Subsection (1)(a).
3331 (b) The election is final, and no right exists to make any further election.
3332 (2) (a) A [
3333 education after January 1, 1979, may participate only in the retirement plan which attaches to the
3334 person's employment classification[
3335 (b) Each institution of higher education [
3336 employment classifications, under the direction of the Board of Regents, so that each classification
3337 is assigned with either:
3338 (i) this system [
3339 (ii) the Teachers' Insurance and Annuity Association of America; or [
3340 (iii) another public or private system, organization, or company designated by the Board
3341 of Regents.
3342 (3) A [
3343 education after January 1, 1979, whose employment classification requires participation in [
3344
3345 an employment classification which requires participation in:
3346 (a) an annuity plan with the [
3347 America; or [
3348 (b) another public or private system, organization, or company designated by the Board
3349 of Regents[
3350 (4) A [
3351 education after January 1, 1979, whose employment classification requires participation in [
3352
3353
3354 [
3355
3356
3357
3358
3359 [
3360
3361
3362
3363
3364 Section 76. Section 49-13-205 , which is renumbered from Section 49-3-205 is renumbered
3365 and amended to read:
3366 [
3367 windows.
3368 [
3369
3370 (1) [
3371 Section 49-13-201 shall make the election to participate in [
3372
3373 (2) (a) (i) [
3374 governed under Sections 49-13-201 and 49-13-202 shall make the election to participate [
3375
3376
3377 (ii) The [
3378 participate by enacting a resolution or ordinance to that effect.
3379 (iii) Prior to the enactment of the resolution or ordinance, a hearing shall be held by the
3380 [
3381 an opportunity to be heard on the question of participating in this [
3382 system.
3383 (iv) Notice of the hearing shall be mailed to all employees within 30 days of the hearing
3384 and shall contain the time, place, and purpose of the hearing.
3385 (b) A [
3386
3387 elects to participate in this system in which to [
3388 system and become [
3389 (3) Subsections (1) and (2) shall be used to provide a second time period of conversion to
3390 this system beginning July 1, 1990.
3391 (4) Subsections (1) and (2) shall be used to provide a third time period of conversion to
3392 this system beginning July 1, 1995.
3393 Section 77. Section 49-13-301 , which is renumbered from Section 49-3-301 is renumbered
3394 and amended to read:
3395
3396 [
3397 (1) [
3398
3399 contribution rates to the office to maintain this system on a financially and actuarially sound basis.
3400 (2) For purposes of determining contribution rates, [
3401 levels according to participating employers[
3402 (a) Level A includes the state [
3403 agencies, independent entities, public corporations, and other instrumentalities, all participating
3404 educational institutions, and all other participating employers whose activities are associated with
3405 participating educational institutions.
3406 (b) Level B includes all other participating employers in [
3407 [
3408
3409
3410
3411 Section 78. Section 49-13-302 is enacted to read:
3412 49-13-302. Purchase of service credit.
3413 Any member who works 20 or more hours per week for a participating employer
3414 participating in this system, but does not meet other eligibility requirements for service credit, may
3415 purchase such service credit in accordance with Section 49-11-403 .
3416 Section 79. Section 49-13-303 , which is renumbered from Section 49-3-302 is renumbered
3417 and amended to read:
3418 [
3419 plan options -- Contribution by employer and employee -- Immediate vesting of
3420 contributions -- Plans to be separate -- Tax-qualified status of plans.
3421 [
3422
3423 [
3424 (1) (a) Participating employers in Level A under Section [
3425 participating educational institutions or participating employers whose activities are associated
3426 with participating educational institutions, [
3427 contribution on behalf of each of its regular full-time employees who are members of this system
3428 an amount equal to at least 1.5% of the [
3429 compensation to a defined contribution plan qualified under Section 401(k) of the Internal
3430 Revenue Code which is selected by the regular full-time employee and which is sponsored by the
3431 board, by that Level A employer, or by a group of similar Level A employers, and which has been
3432 grandfathered under Section 1116 of the Federal Tax Reform Act of 1986.
3433 [
3434 [
3435 of each of its regular full-time employees who are members of this system an amount equal to at
3436 least 1.5% of the [
3437 defined contribution plan qualified under Section 401(k) of the Internal Revenue Code which is
3438 sponsored by the board.
3439 [
3440
3441 employer contribution described in this Subsection [
3442
3443 Code which is selected by the [
3444 employer, or a group of similar Level A employers, and which has been grandfathered under
3445 Section 1116 of the Federal Tax Reform Act of 1986[
3446
3447 [
3448 (2) (a) Participating employers in Level B under Section [
3449
3450 regular full-time employees [
3451
3452 defined contribution plan sponsored by the board or to a qualified plan sponsored by the
3453 participating employer which has been grandfathered under Section 1116 of the Federal Tax
3454 Reform Act of 1986.
3455 [
3456 same [
3457 contribution described in Subsection [
3458 (2)(a).
3459 (3) Each qualified defined contribution 401(k) plan is separate and distinct from any other
3460 qualified defined contribution 401(k) plan for all purposes, including purposes of fiduciary liability
3461 and plan administration.
3462 [
3463 deferrals to any other qualified 401(k) plan sponsored by a state or local government.
3464 [
3465 Subsection (1)[
3466 nonforfeitable.
3467 [
3468
3469
3470 (6) The board may request from any other qualified 401(k) plan under Subsection
3471 (1)[
3472 under the Internal Revenue Code [
3473
3474 [
3475
3476
3477
3478
3479
3480 (7) The board may take any action which in its judgment is necessary to maintain the
3481 tax-qualified status of its 401(k) [
3482 under federal law. [
3483
3484 Section 80. Section 49-13-401 , which is renumbered from Section 49-3-401 is renumbered
3485 and amended to read:
3486
3487 [
3488 Qualifications.
3489 [
3490
3491
3492
3493 [
3494
3495 [
3496
3497 [
3498
3499 (1) A member is qualified to receive an allowance from this system when:
3500 (a) the member ceases actual work for a participating employer in this system before the
3501 member's retirement date and provides evidence of the termination;
3502 (b) the member has submitted to the office a notarized retirement application form that
3503 states the member's proposed retirement date; and
3504 (c) one of the following conditions is met as of the member's retirement date:
3505 [
3506 and has attained an age of 65 years [
3507 [
3508 and has attained an age of 62 years [
3509 [
3510 and has attained an age of 60 years [
3511 [
3512 or
3513 [
3514 which case the member shall be subject to the reduction [
3515 49-13-402 (2)(b).
3516 (2) (a) The member's retirement date shall be the 1st or the 16th day of the month, as
3517 selected by the member, but the retirement date must be on or after the date of termination.
3518 (b) The retirement date may not be more than 90 days before or after the date the
3519 application is received by the office.
3520 Section 81. Section 49-13-402 , which is renumbered from Section 49-3-402 is renumbered
3521 and amended to read:
3522 [
3523 allowance -- Social Security limitations.
3524 (1) (a) [
3525
3526 Except as provided under Section 49-13-701 , retirees of this system may choose from the six
3527 retirement options described in this section.
3528 (b) Options Two, Three, Four, Five, and Six are modifications of the Option One
3529 calculation.
3530 (2) [
3531
3532
3533 is an allowance calculated as follows:
3534 (a) If the [
3535 at least 30 years of service credit, the [
3536 retiree's final average monthly salary multiplied by the number of years of service [
3537
3538 (b) If the [
3539 shall be reduced 3% for each year of retirement from age 60 to age 65, plus a full actuarial
3540 reduction for each year of retirement prior to age 60, unless the member has 30 or more years of
3541 accrued credit, in which event no reduction is made to the allowance.
3542 [
3543 [
3544
3545 (ii) At the time of retirement, if a retiree's combined years of actual, not purchased, service
3546 credit is within 1/10 of one year of the total years of service credit required for retirement, the
3547 retiree shall be considered to have the total years of service credit required for retirement.
3548 (3) The allowance payable under Options Two, Three, Four, Five, and Six is calculated
3549 by reducing an Option One benefit based on actuarial computations to provide the following:
3550 (a) Option Two is a reduced allowance paid to and throughout the lifetime of the retiree,
3551 and, if the retiree receives less in annuity payments than the amount of the retiree's member
3552 contributions, the remaining balance of the retiree's member contributions shall be paid in
3553 accordance with Sections 49-11-609 and 49-11-610 .
3554 (b) Option Three is a reduced allowance paid to and throughout the lifetime of the retiree,
3555 and, upon the death of the retiree, the same reduced allowance paid to and throughout the lifetime
3556 of the retiree's lawful spouse at the time of retirement.
3557 (c) Option Four is a reduced allowance paid to and throughout the lifetime of the retiree,
3558 and upon the death of the retiree, an amount equal to 1/2 of the retiree's allowance paid to and
3559 throughout the lifetime of the retiree's lawful spouse at the time of retirement.
3560 (d) Option Five is a modification of Option Three so that if the lawful spouse at the time
3561 of retirement predeceases the retiree, an allowance equivalent to the amount payable at the time
3562 of initial retirement under Option One shall be paid to the retiree for the remainder of the retiree's
3563 life, beginning on the last day of the month following the month in which the lawful spouse dies.
3564 (e) Option Six is a modification of Option Four so that if the lawful spouse at the time of
3565 retirement predeceases the retiree, an allowance equivalent to the amount payable at the time of
3566 initial retirement under Option One shall be paid to the retiree for the remainder of the retiree's life,
3567 beginning on the last day of the month following the month in which the lawful spouse dies.
3568 (4) (a) (i) The final average salary is limited in the computation of that part of [
3569
3570 period when the [
3571 from an educational institution toward the payment of the premium required on a retirement
3572 annuity contract with the Teachers' Insurance and Annuity Association of America or with any
3573 other public or private system, organization, or company to $4,800.
3574 (ii) This limitation is not applicable to [
3575 [
3576 (b) Periods of [
3577 Subsection [
3578 member for the purpose of retirement only if all benefits from the Teachers' Insurance and
3579 Annuity Association of America or any other public or private system or organization based on this
3580 period of employment are forfeited.
3581 (5) (a) If a retiree under Option One dies within 90 days after the retiree's retirement date,
3582 the retirement is canceled and the death shall be considered as that of a member before retirement.
3583 (b) Any payments made to the retiree shall be deducted from the amounts due to the
3584 beneficiary.
3585 (6) If a retiree retires under either Option Five or Six and subsequently divorces, the retiree
3586 may elect to convert the benefit to an Option One benefit at the time of divorce, if there is no court
3587 order filed in the matter.
3588 Section 82. Section 49-13-403 , which is renumbered from Section 49-3-404 is renumbered
3589 and amended to read:
3590 [
3591 (1) If a [
3592
3593 [
3594 [
3595 (2) A payment made under this section constitutes a full and complete settlement of the
3596 [
3597 Section 83. Section 49-13-404 , which is renumbered from Section 49-3-405 is renumbered
3598 and amended to read:
3599 [
3600 (1) (a) [
3601
3602 from the retiree's allowance [
3603
3604 beneficiary upon the death of the [
3605
3606
3607 (b) A retiree may also elect to have an actuarially determined amount deducted from the
3608 retiree's allowance to provide a lump-sum death benefit payable to a beneficiary upon the death
3609 of the retiree's lawful spouse at the time of retirement.
3610 [
3611 [
3612 [
3613
3614 [
3615
3616
3617
3618
3619 [
3620
3621
3622 [
3623
3624
3625
3626 [
3627
3628 (2) (a) For retirees who pay for a lump-sum death benefit under this section through a
3629 reduction of an allowance, benefits shall be paid in accordance with Sections 49-11-609 and
3630 49-11-610 .
3631 (b) If the retiree chooses Option Three, Four, Five, or Six, and a lump-sum death benefit
3632 is payable after the death of the retiree or the lawful spouse, the allowance shall be restored to its
3633 original amount.
3634 Section 84. Section 49-13-405 , which is renumbered from Section 49-3-406 is renumbered
3635 and amended to read:
3636 [
3637 to surviving spouse.
3638 (1) As used in this section, "member's full allowance" means [
3639
3640 without an actuarial reduction.
3641 (2) [
3642 the time of death, a member is considered to be eligible to retire under Option Three on the first
3643 day of the month following the month in which the member died if the following requirements are
3644 met:
3645 (a) the member [
3646 (i) 15 or more years of [
3647
3648 (ii) attained age 62 with ten or more years of [
3649 (iii) attained age 65 with four or more years of [
3650 credit; and
3651 (b) the member dies leaving a spouse to whom the member has been married at least six
3652 months prior to the death date[
3653
3654
3655 [
3656 section shall apply in writing to the [
3657 receiving [
3658 after the date of application[
3659
3660 [
3661 Subsection (2) is:
3662 (a) if the member has 25 or more years of [
3663 surviving spouse shall receive the member's full allowance;
3664 (b) if the member has between 20-24 years of [
3665 or older at the time of death, the surviving spouse shall receive two-thirds of the member's full
3666 allowance;
3667 (c) if the member has between 15-19 years of [
3668 or older at the time of death, the surviving spouse shall receive one-third of the member's full
3669 allowance; or
3670 (d) if the member is age 60 or older with 20 or more years of [
3671 62 or older with 10 or more years of [
3672 years of [
3673
3674
3675 [
3676 section are [
3677 under Section [
3678 constitute a full and final settlement of the claim of the spouse or any other beneficiary filing a
3679 claim for benefits under Section [
3680 Section 85. Section 49-13-406 , which is renumbered from Section 49-3-409 is renumbered
3681 and amended to read:
3682 [
3683 allowance.
3684 [
3685 rendered on a basis not considered full time by the [
3686 this chapter, shall have a [
3687 actually received by the [
3688 Section 86. Section 49-13-407 , which is renumbered from Section 49-3-601 is renumbered
3689 and amended to read:
3690 [
3691 (1) [
3692
3693
3694
3695
3696
3697
3698
3699 [
3700
3701
3702
3703
3704
3705 (a) an original allowance paid under Section 49-13-402 or 49-13-405 , if the allowance has
3706 been paid for at least one year; and
3707 (b) an original payment made to an alternate payee under a domestic relations order, if the
3708 payment is to be paid as a percentage of the allowance rather than a specific dollar amount.
3709 (2) (a) The original allowance shall be increased by the annual increase in the Consumer
3710 Price Index up to a maximum of 4%.
3711 (b) Annual increases in the Consumer Price Index in excess of 4% shall be accumulated
3712 and used in subsequent adjustments when the annual increase in the Consumer Price Index is less
3713 than 4%.
3714 (3) The Consumer Price Index used in calculating adjustments may be a United States
3715 Bureau of Labor Statistics Consumer Price Index average as determined by the board.
3716 (4) The cost-of-living adjustment made under this section may not decrease the allowance.
3717 Section 87. Section 49-13-408 , which is renumbered from Section 49-3-410 is renumbered
3718 and amended to read:
3719 [
3720 Nondiscrimination policy.
3721 [
3722
3723 [
3724 employer may jointly purchase a [
3725 credit which [
3726 [
3727
3728 [
3729 (b) At a minimum, the years of service credit [
3730 the member to meet the retirement eligibility requirements of this system with no actuarial
3731 reduction.
3732 [
3733 after the purchase of [
3734 [
3735 [
3736 and paid for as provided in Section [
3737 [
3738
3739 [
3740
3741 [
3742 [
3743
3744 [
3745
3746 nondiscriminatory participation standards for all regular full-time employees.
3747 Section 88. Section 49-13-501 , which is renumbered from Section 49-3-701 is renumbered
3748 and amended to read:
3749
3750 [
3751 Eligibility for death benefit -- Benefit calculation -- Payment of claim.
3752 (1) The [
3753 insurance policy for members of this system.
3754 (2) The board shall make rules to [
3755 by this section and may, in accordance with federal law, establish:
3756 (a) benefit levels [
3757 (b) classes of [
3758 [
3759 [
3760
3761
3762
3763
3764 [
3765 [
3766
3767
3768
3769 (3) This death benefit is payable when:
3770 (a) the member dies prior to the member's retirement date or dies under circumstances
3771 which Section 49-13-402 requires to be treated as the death of a member before retirement;
3772 (b) the office receives acceptable proof of death; and
3773 (c) benefits are not payable under Section 49-13-404 .
3774 (4) The death benefit payable to the beneficiary under this section is a lump-sum payment
3775 consisting of:
3776 (a) the return of any member contributions under this chapter; plus
3777 (b) a percentage of the final average salary of the member to be determined by the board.
3778 (5) Any amount of a living benefit option paid to the member prior to death shall be
3779 deducted from the benefit payable to the beneficiary.
3780 [
3781 portion of the contribution rate established under Section 49-13-301 .
3782 [
3783
3784 unless:
3785 (a) that member has [
3786 or
3787 (b) the death of the member occurs either:
3788 (i) within a period of 120 days after the last day of [
3789 received compensation; or
3790 (ii) while the [
3791 performance of duties, if the incapacity has been continuous since the last day of [
3792 for which compensation [
3793 [
3794
3795 [
3796 under Subsection (4)(b) shall be paid in accordance with Sections 49-11-609 and 49-11-610 .
3797 [
3798 otherwise provided under Subsection [
3799 [
3800 [
3801 settlement of any beneficiary's claim against the [
3802 liable for any further or additional claims or assessments on behalf of the [
3803 [
3804 the office, death benefits payable to beneficiaries shall be in accordance with the order of
3805 precedence established under Title 75, Chapter 2, [
3806 and Wills.
3807 [
3808
3809
3810
3811 [
3812
3813 Section 89. Section 49-13-701 , which is renumbered from Section 49-3-802 is renumbered
3814 and amended to read:
3815
3816
3817 [
3818 benefit -- Payment of costs -- Savings to be appropriated by Legislature -- Restrictions on
3819 reemployment.
3820 (1) Any member of this system may retire and receive the [
3821 under Subsection (2) if the member meets the following requirements as of the [
3822 member's retirement:
3823 (a) the member is eligible for retirement under Section [
3824 [
3825 (b) the member elects to forfeit any stipend for retirement offered by the [
3826 participating employer; and
3827 (c) the member elects to retire from this system by applying for retirement by the date
3828 established under Subsection (3)(a) or (3) (b).
3829 (2) (a) A member who retires [
3830 member's final average salary for all years of service credit.
3831 (b) No actuarial reduction may be applied to the [
3832 section.
3833 (3) In order to receive the [
3834 submit an application to the [
3835 (a) (i) For state and school employees under Level A, the application shall be filed by May
3836 31, 1987. The [
3837 member on the 1st or 16th day of July, August, or September, 1987.
3838 (ii) If a Level A [
3839 or participating employer may request the [
3840 retirement date until a later date, but no later than June 30, 1988.
3841 (iii) If the [
3842 [
3843 member's original [
3844
3845 be used in the calculation of the final average salary for determining the retirement [
3846 allowance.
3847 (b) (i) For political [
3848 shall be filed by September 30, 1987.
3849 (ii) The [
3850 member on the 1st or 16th day of July, August, September, October, November, or December,
3851 1987.
3852 (4) (a) The cost of providing the [
3853 fiscal year 1987-88 by a supplemental appropriation in the 1988 General Session based on the
3854 retirement contribution rate increase established by the consulting actuary and approved by the
3855 board.
3856 (b) The cost of providing the [
3857 beginning July 1, 1988, by means of an increase in the retirement contribution rate established by
3858 the consulting actuary and approved by the board.
3859 (c) The rate increase under Subsections (4)(a) and (b) shall be funded:
3860 (i) for state employees, by an appropriation from the account established by the Division
3861 of Finance under Subsection (4)(d), which is funded by savings derived from this early retirement
3862 incentive and a work force reduction;
3863 (ii) for school employees, by direct contributions from the employing unit, which may not
3864 be funded through an increase in the retirement contribution amount established in Title 53A,
3865 Chapter 17a, Minimum School Program Act; and
3866 (iii) for political subdivisions under Level B, by direct contributions by the [
3867
3868 (d) (i) Each year, any excess savings derived from this early retirement incentive which
3869 are above the costs of funding the increase and the costs of paying insurance, sick leave,
3870 compensatory leave, and vacation leave under Subsections (4)(c)(i) and (c)(ii) shall be reported
3871 to the Legislature and shall be appropriated as provided by law.
3872 (ii) In the case of Subsection (4)(c)(i), the Division of Finance shall establish an account
3873 into which all savings derived from this early retirement incentive shall be deposited as the savings
3874 are realized.
3875 (iii) In the case of Subsection (4)(c)(ii), the State Office of Education shall certify the
3876 amount of savings derived from this early retirement incentive.
3877 (iv) The State Office of Education and the [
3878 not spend the savings until appropriated by the Legislature as provided by law.
3879 (5) A member who retires under this section is subject to Section [
3880 (6) The [
3881 section.
3882 (7) The Legislative Auditor General shall perform an audit to ensure compliance with this
3883 section.
3884 Section 90. Section 49-14-101 , which is renumbered from Section 49-4-101 is renumbered
3885 and amended to read:
3886
3887
3888 [
3889 This chapter is known as the "Public Safety Contributory Retirement Act."
3890 Section 91. Section 49-14-102 , which is renumbered from Section 49-4-103 is renumbered
3891 and amended to read:
3892 [
3893 As used in this chapter:
3894 (1) [
3895
3896
3897 amount of payments that are includable in gross income which are received by a public safety
3898 service employee as base income for the regularly scheduled work period. The participating
3899 employer shall establish the regularly scheduled work period. Base income shall be determined
3900 prior to [
3901 amounts the public safety service employee authorizes to be deducted for salary deferral or [
3902
3903 (b) "Compensation" includes performance-based bonuses and cost-of-living adjustments.
3904 (c) "Compensation" does not include:
3905 (i) overtime;
3906 (ii) sick pay incentives;
3907 (iii) retirement pay incentives;
3908 (iv) the monetary value of remuneration paid in kind, [
3909 of equipment or uniform [
3910 (v) a lump-sum payment or special payments covering accumulated leave; and
3911 (vi) all contributions made by [
3912 under any other employee benefit system or plan maintained by [
3913 the benefit of a member or participant.
3914 (d) "Compensation" for purposes of this chapter may not exceed the amount allowed under
3915 Internal Revenue Code Section 401(a)(17).
3916 (2) "Final average salary" means the amount computed by averaging the highest three years
3917 of annual compensation preceding retirement, subject to Subsections (2)(a) and (b).
3918 (a) Except as provided in Subsection (2)(b), the percentage increase in annual
3919 compensation in any one of the years used may not exceed the previous year's [
3920 compensation by more than 10% plus a cost-of-living adjustment equal to the decrease in the
3921 purchasing power of the dollar during the previous year, as measured by [
3922
3923 as determined by the board.
3924 (b) In cases where the [
3925 documentation to the [
3926 (i) the [
3927
3928 (ii) the [
3929 [
3930 [
3931 disease occasioned by an act of duty as a [
3932 employee.
3933 [
3934
3935
3936 [
3937
3938
3939 (4) "Participating employer" means an employer which meets the participation
3940 requirements of Section 49-14-201 .
3941 [
3942 regularly scheduled compensated employment per year rendered by a member who is a:
3943 (i) law enforcement [
3944 (ii) correctional [
3945 (iii) special function [
3946 Sections 49-14-201 and [
3947 [
3948 (b) "Public safety service" also requires that in the course of employment the employee's
3949 life or personal safety is at risk.
3950 (c) Except for the minimum hour requirement, Subsections (5)(a) and (b) do not apply to
3951 any person who [
3952 January 1, 1984.
3953 (6) "Public safety service employee" means an employee of a participating employer who
3954 performs public safety service under this chapter.
3955 (7) "System" means the Public Safety Contributory Retirement System created under this
3956 chapter.
3957 [
3958 to consist of 12 full months as determined by the board, whether consecutive or not, during which
3959 [
3960 employer [
3961 service of the United States government on military duty.
3962 Section 92. Section 49-14-103 , which is renumbered from Section 49-4-201 is renumbered
3963 and amended to read:
3964 [
3965 There is created for [
3966 members performing public safety service and who are employed by a participating employer the
3967 "Public Safety Contributory Retirement System."
3968 Section 93. Section 49-14-104 , which is renumbered from Section 49-4-202 is renumbered
3969 and amended to read:
3970 [
3971 (1) There is created the "Public Safety Contributory Retirement Trust Fund" for the
3972 purpose of paying the benefits and the costs of administering this system.
3973 (2) The fund shall consist of a number of individual trust accounts created as needed to
3974 receive the money and assets transferred into them from the respective terminated systems, all
3975 money paid into them, including interest, in accordance with this chapter, whether in the form of
3976 cash, securities, or other assets, and of all money received from any other source.
3977 (3) Custody, management, and investment of the fund shall be governed by [
3978 Chapter [
3979 Section 94. Section 49-14-201 , which is renumbered from Section 49-4-203 is renumbered
3980 and amended to read:
3981
3982 [
3983 [
3984
3985
3986 [
3987
3988
3989 [
3990
3991
3992
3993
3994 (1) Except as provided in Section 49-15-201 , a public safety service employee of a
3995 participating employer participating in this system is eligible for service credit in this system at the
3996 earliest of:
3997 (a) July 1, 1969, if the public safety service employee was employed by the participating
3998 employer on July 1, 1969, and the participating employer was participating in this system on that
3999 date;
4000 (b) the date the participating employer begins participating in this system if the public
4001 safety service employee was employed by the participating employer on that date; or
4002 (c) the date the public safety service employee is employed by the participating employer
4003 and is eligible to perform public safety service.
4004 (2) (a) (i) A participating employer that [
4005
4006
4007 system in which the greatest amount of [
4008 (ii) The [
4009
4010 (b) (i) Prior to transferring a dual purpose employee from one system to another, the
4011 participating employer shall receive written permission from the office.
4012 (ii) The office may request documentation to verify the appropriateness of the transfer.
4013 [
4014 [
4015 [
4016 (3) The board may combine or segregate the actuarial experience of participating
4017 employers in this system for the purpose of setting contribution rates.
4018 [
4019 in this system shall annually submit to the [
4020 to be covered under this system in accordance with [
4021 (ii) The [
4022 position under this system.
4023 [
4024 participating employer or employee over any position to be covered, the disputed position shall be
4025 submitted to the Peace Officer Standards and Training Council established under Section 53-6-106
4026 for determination.
4027 [
4028 eligibility [
4029 coverage under [
4030
4031 [
4032 applied to service credit earned in another system prior to July 1, 1989.
4033 [
4034 Peace Officer Standards and Training Council granting [
4035 under [
4036 the date of that decision.
4037 [
4038
4039 be applied retroactively only if:
4040 [
4041 [
4042 period in question; and
4043 [
4044 [
4045 the period for which service credit is to be granted.
4046 [
4047 to provide a recommendation to the council in determining disputes between the [
4048 and [
4049 this system.
4050 [
4051 Chapter 46b, Administrative Procedures Act, in [
4052 coverage disputes in this system.
4053 [
4054 (7) A public safety employee who is transferred or promoted to an administration
4055 [
4056 [
4057 same department.
4058 [
4059
4060
4061
4062 (8) Any employee who is transferred to the Division of Information Technology Services
4063 from the Department of Public Safety prior to January 1, 1992, and who was a member of this
4064 system, shall be entitled to remain a member of this system regardless of whether or not the
4065 employee's current position is covered by this system.
4066 [
4067 if a coverage dispute arises, the Peace Officer Standards and Training Council[
4068
4069
4070 find that the position requires the employee to:
4071 (i) [
4072 [
4073 (ii) [
4074 53-13-105 .
4075 (b) If [
4076 office and the Peace Officer Standards and Training Council shall consider[
4077
4078 employee to:
4079 (i) [
4080 crime and enforcing criminal statutes or ordinances of this state or any of its political subdivisions;
4081 (ii) [
4082 and
4083 (iii) [
4084 emergency decisions affecting the lives and health of others.
4085 [
4086 Peace Officer Standards and Training Council, the subcommittee shall comply with the
4087 requirements of Subsection [
4088 [
4089 dispute is a final agency action for purposes of Title 63, Chapter 46b, Administrative Procedures
4090 Act.
4091 [
4092
4093
4094 system or under Chapter [
4095 1998, those [
4096 in [
4097 remain in their current retirement system.
4098 Section 95. Section 49-14-202 , which is renumbered from Section 49-4-204 is renumbered
4099 and amended to read:
4100 [
4101 programs -- Full participation in system.
4102 (1) [
4103 that employs public safety service employees [
4104 by Section [
4105 employer in the Public Employees' Contributory Retirement System or the Public Employees'
4106 Noncontributory Retirement System shall cover all its public safety service employees under
4107 [
4108
4109
4110 (a) Chapter 12, Public Employees' Contributory Retirement Act;
4111 (b) Chapter 13, Public Employees' Noncontributory Retirement Act;
4112 (c) Chapter 14, Public Safety Contributory Retirement Act; or
4113 (d) Chapter 15, Public Safety Noncontributory Retirement Act.
4114 [
4115
4116
4117
4118
4119
4120
4121
4122
4123
4124
4125
4126
4127 [
4128
4129 [
4130
4131 [
4132
4133 [
4134
4135 (2) An employer that covers its public safety service employees under Subsection (1)(c)
4136 is a participating employer in this system.
4137 (3) If a participating employer under Subsection (1) covers any of its public safety service
4138 employees under the Public Safety Contributory Retirement System or the Public Safety
4139 Noncontributory Retirement System, that participating employer shall cover all of its public safety
4140 service employees under one of those systems.
4141 (4) A participating employer may not withdraw from this system.
4142 (5) In addition to their participation in the system, participating employers may provide
4143 or participate in any additional public or private retirement, supplemental or defined contribution
4144 plan, either directly or indirectly, for their employees.
4145 (6) An employer may not elect to participate in this system after July 1, 1989.
4146 Section 96. Section 49-14-203 , which is renumbered from Section 49-4-205 is renumbered
4147 and amended to read:
4148 [
4149 (1) [
4150 or as the elected or appointed sheriff or chief of police of a public safety organization, is excluded
4151 from coverage under this system if that public safety service employee files a formal written
4152 request seeking [
4153 [
4154 may not continue employment [
4155 employer and receive [
4156 public safety service at the same time.
4157 [
4158 may:
4159 [
4160 [
4161 [
4162 [
4163
4164
4165 Section 97. Section 49-14-301 , which is renumbered from Section 49-4-301 is renumbered
4166 and amended to read:
4167
4168 [
4169 pay employee contributions -- Accounting for and vesting of member contributions --
4170 Deductions.
4171 (1) [
4172
4173 employers and members shall jointly pay the certified contribution rates to the office to maintain
4174 this system on a financially and actuarially sound basis.
4175 (2) For purposes of determining contribution rates, [
4176 divisions according to Social Security coverage[
4177 (a) members of this system with on-the-job Social Security coverage are in Division A
4178 [
4179 (b) members of this system without on-the-job Social Security coverage are in Division
4180 B.
4181 [
4182 (3) (a) A participating employer may elect to pay all or part of [
4183 member contributions, in addition to the required participating employer contributions.
4184 (b) Any amount contributed by [
4185 section shall vest to the member's benefit as though the member had made the contribution.
4186 (c) The [
4187 amount that is paid by the participating employer.
4188 [
4189 of the individual member. [
4190 (b) This amount, plus [
4191 to the member or the member's beneficiaries.
4192 (c) All member contributions are [
4193
4194
4195 [
4196 deductions of member contributions.
4197 (b) The payment of compensation less [
4198 full payment [
4199 [
4200
4201
4202
4203 Section 98. Section 49-14-401 , which is renumbered from Section 49-4-401 is renumbered
4204 and amended to read:
4205
4206 [
4207 Qualifications.
4208 [
4209
4210
4211
4212 [
4213
4214 [
4215
4216 [
4217
4218 (1) A member is qualified to receive an allowance from this system when:
4219 (a) the member ceases actual work for a participating employer in this system before the
4220 member's retirement date and provides evidence of the termination;
4221 (b) the member has submitted to the office a notarized retirement application form that
4222 states the member's proposed retirement date; and
4223 (c) one of the following conditions is met as of the member's retirement date:
4224 [
4225 [
4226 and has attained an age of 60 years [
4227 [
4228 and has attained an age of 65 years [
4229 (2) (a) The member's retirement date shall be the 1st or the 16th day of the month, as
4230 selected by the member, but the retirement date must be on or after the date of termination.
4231 (b) The retirement date may not be more than 90 days after the date the application is
4232 received by the office.
4233 Section 99. Section 49-14-402 , which is renumbered from Section 49-4-402 is renumbered
4234 and amended to read:
4235 [
4236 [
4237
4238 [
4239
4240 [
4241
4242 [
4243
4244 [
4245
4246
4247 [
4248
4249
4250
4251
4252 [
4253
4254
4255
4256
4257
4258
4259
4260
4261 (1) A retiree under this system shall receive an allowance equal to:
4262 (a) 2.5% of final average monthly salary multiplied by the number of years of service
4263 credit, limited to 20 years; plus
4264 (b) 2% of final average monthly salary, multiplied by the number of years of service credit
4265 in excess of 20 years.
4266 (2) Except as modified by cost-of-living adjustments, an allowance under this system may
4267 not exceed 70% of a retiree's final average monthly salary.
4268 Section 100. Section 49-14-403 , which is renumbered from Section 49-4-601 is
4269 renumbered and amended to read:
4270 [
4271 (1) The [
4272 annual cost-of-living adjustment to: [
4273
4274
4275
4276
4277
4278
4279 [
4280
4281
4282
4283
4284 (a) an original allowance paid under Section 49-14-402 and Part 5, Death Benefit, of this
4285 chapter if the allowance has been paid for at least one year; and
4286 (b) an original payment made to an alternate payee under a domestic relations order, if the
4287 payment is to be paid as a percentage of the allowance rather than a specific dollar amount.
4288 (2) (a) The original allowance shall be increased by the annual increase in the Consumer
4289 Price Index up to a maximum of 2.5%.
4290 (b) Annual increases in the Consumer Price Index in excess of 2.5% shall be accumulated
4291 and used in subsequent adjustments when the annual increase in the Consumer Price Index is less
4292 than 2.5%.
4293 (3) The Consumer Price Index used in calculating adjustments shall be a United States
4294 Bureau of Labor Statistics Consumer Price Index average as determined by the board.
4295 (4) The cost-of-living adjustment made under this section may not decrease the allowance.
4296 Section 101. Section 49-14-501 , which is renumbered from Section 49-4-701 is
4297 renumbered and amended to read:
4298
4299 [
4300 benefits.
4301 (1) If an active member of [
4302 [
4303
4304 [
4305 spouse at the time of death shall receive a lump sum of $1,000 and [
4306 to 30% of the deceased member's final average monthly salary.
4307 [
4308 benefits are payable as follows:
4309 [
4310
4311 contributions, whichever [
4312 [
4313 time of death, the [
4314
4315 each year of service credit [
4316 to a maximum of 30% [
4317 [
4318 Division A.
4319 [
4320 has designated a beneficiary, the [
4321 paid to the beneficiary.
4322 Section 102. Section 49-14-502 , which is renumbered from Section 49-4-702 is
4323 renumbered and amended to read:
4324 [
4325 (1) If an active member of [
4326 [
4327
4328 [
4329 if the death is classified by the office as a line-of-duty death, the [
4330 of death shall receive a lump sum of $1,500 and [
4331 37.5% of the [
4332 [
4333 are payable as follows:
4334 (i) If the [
4335 at the time of death, the death is considered a line-of-duty death and the benefit [
4336
4337 [
4338 has accrued less than two years of public safety service credit at the time of death, the [
4339
4340 contributions, plus 50% of the member's most recent 12 months' [
4341 [
4342 service credit at the time of death, [
4343 to age 18 [
4344 monthly allowance of $50.
4345 (ii) Payments shall be made to the surviving parent or to a duly appointed guardian, or as
4346 otherwise provided under [
4347 [
4348 paid to each of the member's unmarried children to age 18.
4349 [
4350 and [
4351 member contributions shall be paid to the beneficiary.
4352 [
4353
4354 exceed 75% of the member's final average monthly salary.
4355 Section 103. Section 49-14-503 , which is renumbered from Section 49-4-703 is
4356 renumbered and amended to read:
4357 [
4358 [
4359
4360
4361 [
4362
4363
4364 [
4365 (1) If an inactive member who has less than 20 years of public safety service credit dies,
4366 the designated beneficiary shall receive a refund of the member's member contributions or $500,
4367 whichever is greater.
4368 (2) (a) If an inactive member with 20 or more years of public safety service credit dies, the
4369 spouse at the time of death shall receive an allowance in an amount of 50% of the amount the
4370 member would have received had retirement occurred on the first of the month in which the death
4371 occurred[
4372 (b) This allowance shall be based [
4373 monthly salary under Section [
4374 of the member at the time of death if the member is under age 50 at the time of death.
4375 [
4376
4377
4378 Section 104. Section 49-14-504 , which is renumbered from Section 49-4-704 is
4379 renumbered and amended to read:
4380 [
4381 (1) If [
4382
4383
4384 to 65% of the allowance that was being paid to the [
4385 (2) [
4386 [
4387 disabled children, the children shall qualify for a benefit as prescribed for children under [
4388
4389
4390 following the month in which the [
4391 [
4392
4393 Section 105. Section 49-14-505 is enacted to read:
4394 49-14-505. Benefits for surviving spouse under Division A or Division B.
4395 The spouse at the time of death, if eligible, shall receive a benefit computed under either
4396 Division A or Division B, whichever provides the larger benefit, but may not receive a benefit
4397 under both divisions if it would result in a duplicate benefit.
4398 Section 106. Section 49-15-101 , which is renumbered from Section 49-4a-101 is
4399 renumbered and amended to read:
4400
4401
4402 [
4403 This chapter is known as the "Public Safety Noncontributory Retirement Act."
4404 Section 107. Section 49-15-102 , which is renumbered from Section 49-4a-103 is
4405 renumbered and amended to read:
4406 [
4407 As used in this chapter:
4408 (1) (a) "Compensation[
4409 [
4410
4411
4412 work period. The participating employer shall establish the regularly scheduled work period. Base
4413 income shall be determined prior to [
4414 any amounts the public safety service employee authorizes to be deducted for salary deferral or
4415 [
4416 (b) "Compensation" includes performance-based bonuses and cost-of-living adjustments.
4417 (c) "Compensation" does not include:
4418 (i) overtime;
4419 (ii) sick pay incentives;
4420 (iii) retirement pay incentives;
4421 (iv) the monetary value of remuneration paid in kind, as in a residence, use of equipment
4422 or uniform [
4423 (v) a lump-sum payment or special payment covering accumulated leave; and
4424 (vi) all contributions made by [
4425 under any other employee benefit system or plan maintained by [
4426 the benefit of a member or participant.
4427 (d) "Compensation" for purposes of this chapter may not exceed the amount allowed under
4428 Internal Revenue Code Section 401(a)(17).
4429 (2) "Final average salary" means the amount computed by averaging the highest three years
4430 of annual compensation preceding retirement subject to Subsections (2)(a) and (b).
4431 (a) Except as provided in Subsection (2)(b), the percentage increase in annual
4432 compensation in any one of the years used may not exceed the previous year's [
4433 compensation by more than 10% plus a cost-of-living adjustment equal to the decrease in the
4434 purchasing power of the dollar during the previous year, as measured by [
4435
4436 as determined by the board.
4437 (b) In cases where the [
4438 documentation to the [
4439 (i) the [
4440
4441 (ii) the [
4442 [
4443 [
4444 disease occasioned by an act of duty as a [
4445 employee.
4446 (4) "Participating employer" means an employer which meets the participation
4447 requirements of Section 49-15-201 .
4448 (5) (a) "Public safety service" means [
4449 regularly scheduled compensated employment per year rendered by a member who is a:
4450 [
4451 [
4452 [
4453 and Section 53-13-105 .
4454 (b) "Public safety service" also requires that in the course of employment the employee's
4455 life or personal safety is at risk.
4456 (6) "Public safety service employee" means an employee of a participating employer who
4457 performs public safety service under this chapter.
4458 (7) "System" means the Public Safety Noncontributory Retirement System created under
4459 this chapter.
4460 [
4461 to consist of 12 full months as determined by the board, whether consecutive or not, during which
4462 [
4463 employer [
4464 service of the United States government on military duty.
4465 Section 108. Section 49-15-103 , which is renumbered from Section 49-4a-201 is
4466 renumbered and amended to read:
4467 [
4468 There is created for [
4469 members performing public safety service and who are employed by a participating employer the
4470 "Public Safety Noncontributory Retirement System."
4471 Section 109. Section 49-15-104 , which is renumbered from Section 49-4a-202 is
4472 renumbered and amended to read:
4473 [
4474 (1) There is created the "Public Safety Noncontributory Retirement Trust Fund" for the
4475 purpose of paying the benefits and the costs of administering this system.
4476 (2) The fund shall consist of a number of individual trust accounts created as needed to
4477 receive the money and assets transferred into them from the respective terminated systems, all
4478 money paid into them, including interest, in accordance with this chapter, whether in the form of
4479 cash, securities, or other assets, and of all money received from any other source.
4480 (3) Custody, management, and investment of the fund shall be governed by [
4481 Chapter [
4482 Section 110. Section 49-15-201 , which is renumbered from Section 49-4a-203 is
4483 renumbered and amended to read:
4484
4485 [
4486 [
4487
4488
4489 (1) (a) A public safety service employee employed by the state after July 1, 1989, is
4490 eligible for service credit in this system.
4491 [
4492
4493
4494 (b) A public safety service employee employed by the state prior to July 1, 1989, may
4495 either elect to receive service credit in this system or continue to receive service credit under the
4496 system established under [
4497 by following the procedures established by the board [
4498 [
4499
4500
4501 [
4502
4503
4504 [
4505
4506
4507
4508 (2) (a) Public safety service employees of a participating employer other than the state that
4509 elected on or before July 1, 1989, to remain in the Public Safety Contributory Retirement System
4510 shall be eligible only for service credit in that system.
4511 (b) (i) A participating employer other than the state that elected on or before July 1, 1989,
4512 to participate in this system shall, have allowed, prior to July 1, 1989, a public safety service
4513 employee to elect to participate in either this system or the Public Safety Contributory Retirement
4514 System.
4515 (ii) Except as expressly allowed by this title, the election of the public safety service
4516 employee is final and may not be changed.
4517 (c) A public safety service employee hired by a participating employer other than the state
4518 after July 1, 1989, shall become a member in this system.
4519 (d) A public safety service employee of a participating employer other than the state who
4520 began participation in this system after July 1, 1989, is only eligible for service credit in this
4521 system,
4522 [
4523 (3) (a) (i) A participating employer that [
4524
4525
4526 system in which the greatest amount of [
4527
4528 (ii) The [
4529
4530
4531 (b) (i) Prior to transferring a dual purpose employee from one system to another, the
4532 participating employer shall receive written permission from the office.
4533 (ii) The office may request documentation to verify the appropriateness of the transfer.
4534 [
4535 [
4536 [
4537 (4) The board may combine or segregate the actuarial experience of participating
4538 employers in this system for the purpose of setting contribution rates.
4539 [
4540 in this system shall annually submit to the [
4541 to be covered under this system in accordance with [
4542 (ii) The [
4543 position under this system.
4544 [
4545 participating employer or employee over any position to be covered, the disputed position shall be
4546 submitted to the Peace Officer Standards and Training Council established under Section 53-6-106
4547 for determination.
4548 [
4549 eligibility [
4550 coverage under [
4551
4552 [
4553 applied to service credit earned in another system prior to July 1, 1989.
4554 [
4555 Peace Officer Standards and Training Council granting [
4556 under [
4557 the date of that decision.
4558 [
4559
4560 be applied retroactively only if:
4561 [
4562 [
4563 time period in question; and
4564 [
4565 [
4566 the period for which service credit is to be granted.
4567 [
4568 to provide a recommendation to the council in determining disputes between the [
4569 and [
4570 this system.
4571 [
4572 Chapter 46b, Administrative Procedures Act, in [
4573 coverage disputes in this system.
4574 [
4575 (8) A public safety service employee who is transferred or promoted to an administration
4576 [
4577 [
4578 same department.
4579 [
4580
4581
4582
4583 (9) Any employee who is transferred to the Division of Information Technology Services
4584 from the Department of Public Safety prior to January 1, 1992, and who was a member in this
4585 system, shall be entitled to remain a member in this system regardless of whether or not the
4586 employee's current position is covered by this system.
4587 [
4588 and, if a coverage dispute arises, the Peace Officer Standards and Training Council[
4589
4590
4591
4592 (i) [
4593 [
4594 (ii) [
4595 53-13-105 .
4596 (b) If [
4597 office and Peace Officer Standards and Training Council shall consider[
4598
4599 (i) [
4600 crime and enforcing criminal statutes or ordinances of this state or any of its political subdivisions;
4601 (ii) [
4602 and
4603 (iii) [
4604 emergency decisions affecting the lives and health of others.
4605 [
4606 Peace Officer Standards and Training Council, the subcommittee shall comply with the
4607 requirements of Subsection [
4608 [
4609 a dispute is a final agency action for purposes of Title 63, Chapter 46b, Administrative Procedures
4610 Act.
4611 (13) If a participating employer's public safety service employees are not covered by this
4612 system under Chapter 14, Public Safety Contributory Retirement Act, as of January 1, 1998, those
4613 public safety service employees who may otherwise qualify for membership in this system shall,
4614 at the discretion of the participating employer, remain in their current retirement system.
4615 Section 111. Section 49-15-202 , which is renumbered from Section 49-4a-204 is
4616 renumbered and amended to read:
4617 [
4618 Admission -- Full participation in system -- Supplemental programs authorized.
4619 (1) [
4620 that employs public safety service employees [
4621 by Section [
4622 employer in the Public Employees' Contributory Retirement System or the Public Employees'
4623 Noncontributory Retirement System shall cover all its public safety service employees under
4624 [
4625 (a) [
4626 [
4627
4628 (b) Chapter 13, Public Employees' Noncontributory Retirement Act;
4629 (c) Chapter 14, Public Safety Contributory Retirement Act; or
4630 (d) Chapter 15, Public Safety Noncontributory Retirement Act.
4631 [
4632
4633 (2) An employer that covers its public safety employees under Subsection (1)(d) is a
4634 participating employer in this system.
4635 (3) If a participating employer under Subsection (1) covers any of its public safety service
4636 employees under the Public Safety Contributory Retirement System or the Public Safety
4637 Noncontributory Retirement System, that participating employer shall cover all of its public safety
4638 service employees under one of those systems.
4639 (4) (a) An employer that is not participating in this system may by resolution of its
4640 governing body apply for coverage of its public safety [
4641 this system. [
4642
4643
4644 [
4645
4646 [
4647 [
4648
4649
4650 [
4651
4652 [
4653
4654
4655 [
4656
4657 [
4658
4659 [
4660 [
4661
4662 [
4663
4664 (b) Upon approval of the board, the employer shall become a participating employer in this
4665 system subject to this title.
4666 (5) If a participating employer purchases service credit on behalf of employees for service
4667 rendered prior to the participating employer's admission to this system, the service credit must be
4668 purchased in a nondiscriminatory manner on behalf of all current and former employees who were
4669 eligible for service credit at the time service was rendered.
4670 (6) A participating employer may not withdraw from this system.
4671 (7) In addition to their participation in the system, participating employers may provide
4672 or participate in any additional public or private retirement, supplemental or defined contribution
4673 plan, either directly or indirectly, for their employees.
4674 Section 112. Section 49-15-203 , which is renumbered from Section 49-4a-206 is
4675 renumbered and amended to read:
4676 [
4677 (1) [
4678 or as the elected or appointed sheriff or chief of police of a public safety organization, is excluded
4679 from coverage under this system if that public safety service employee files a formal written
4680 request seeking [
4681 [
4682 may not continue employment [
4683 receive [
4684 service at the same time.
4685 [
4686 may:
4687 [
4688 [
4689 [
4690 [
4691
4692
4693 Section 113. Section 49-15-204 , which is renumbered from Section 49-4a-205 is
4694 renumbered and amended to read:
4695 [
4696 The following laws govern conversion to the Public Safety Noncontributory Retirement
4697 System:
4698 (1) For [
4699 the election to participate in [
4700 [
4701 (2) (a) (i) For [
4702 49-15-201 (2)(a), the election to participate [
4703 made within six months of [
4704 (ii) The [
4705 participate by enacting a resolution or ordinance to that effect.
4706 (iii) Prior to the enactment of the resolution or ordinance, a hearing shall be held by the
4707 [
4708
4709 in this [
4710 (iv) Notice of the hearing shall be mailed to all public safety service employees within 30
4711 days of the hearing and shall contain the time, place, and purpose of the hearing.
4712 (b) A [
4713 employee of an employer, prior to its election to participate, has six months from the date the
4714 [
4715
4716 (3) (a) Subsections (1) and (2) shall be used to provide a time period of conversion to the
4717 Public Safety Noncontributory Retirement System beginning July 1, 1998, and ending December
4718 31, 1998.
4719 (b) A person converting to the system during this time period [
4720 rights, limitations, terms, and conditions of [
4721 Noncontributory Retirement Act.
4722 Section 114. Section 49-15-301 , which is renumbered from Section 49-4a-301 is
4723 renumbered and amended to read:
4724
4725 [
4726 [
4727
4728 (1) Participating employers shall pay the certified contribution rates to the office to
4729 maintain this system on a financially and actuarially sound basis.
4730 (2) For purposes of determining contribution rates, [
4731 divisions according to Social Security coverage.
4732 (a) [
4733 coverage are Division A. [
4734
4735 (b) [
4736 coverage are in Division B. [
4737
4738 [
4739
4740
4741
4742 Section 115. Section 49-15-401 , which is renumbered from Section 49-4a-401 is
4743 renumbered and amended to read:
4744
4745 [
4746 -- Qualifications.
4747 [
4748
4749
4750
4751 [
4752
4753 [
4754
4755 [
4756
4757 (1) A member is qualified to receive an allowance from this system when:
4758 (a) the member ceases actual work for a participating employer in this system before the
4759 member's retirement date and provides evidence of the termination;
4760 (b) the member has submitted to the office a notarized retirement application form that
4761 states the member's proposed retirement date; and
4762 (c) one of the following conditions is met as of the member's retirement date:
4763 [
4764 [
4765 and has attained an age of 60 years [
4766 [
4767 has attained an age of 65 years [
4768 (2) (a) The member's retirement date shall be the 1st or the 16th day of the month, as
4769 selected by the member, but the retirement date must be on or after the date of termination.
4770 (b) The retirement date may not be more than 90 days before or after the date the
4771 application is received by the office.
4772 Section 116. Section 49-15-402 , which is renumbered from Section 49-4a-402 is
4773 renumbered and amended to read:
4774 [
4775 [
4776
4777 [
4778
4779 [
4780
4781 [
4782
4783 [
4784
4785
4786 [
4787
4788
4789
4790
4791 [
4792
4793 (1) A retiree under this system shall receive an allowance equal to:
4794 (a) 2.5% of final average monthly salary multiplied by the number of years of service
4795 credit, limited to 20 years; plus
4796 (b) 2% of final average monthly salary, multiplied by the number of years of service credit
4797 in excess of 20 years.
4798 (2) Except as modified by cost-of-living adjustments, an allowance under this system may
4799 not exceed 70% of a retiree's final average monthly salary.
4800 Section 117. Section 49-15-403 , which is renumbered from Section 49-4a-601 is
4801 renumbered and amended to read:
4802 [
4803 [
4804
4805
4806
4807
4808
4809
4810
4811 [
4812
4813
4814
4815
4816 (1) The office shall make an annual cost-of-living adjustment to:
4817 (a) an original allowance paid under Section 49-15-402 and Part 5, Death Benefit, of this
4818 chapter if the allowance has been paid for at least one year; and
4819 (b) an original payment made to an alternate payee under a domestic relations order if the
4820 payment is to be paid as a percentage of the allowance rather than a specific dollar amount.
4821 (2) (a) The original allowance shall be increased by the annual increase in the Consumer
4822 Price Index up to a maximum of 2.5%.
4823 (b) Annual increases in the Consumer Price Index in excess of 2.5% shall be accumulated
4824 and used in subsequent adjustments when the annual increase in the Consumer Price Index is less
4825 than 2.5%.
4826 (3) The Consumer Price Index used in calculating adjustments shall be a United States
4827 Bureau of Labor Statistics Consumer Price Index average as determined by the board.
4828 (4) The cost-of-living adjustment made under this section may not decrease the allowance.
4829 Section 118. Section 49-15-501 , which is renumbered from Section 49-4a-701 is
4830 renumbered and amended to read:
4831
4832 [
4833 benefits.
4834 (1) If an active member of [
4835 [
4836
4837 [
4838 as a line-of-duty death, [
4839 (i) If the member has accrued less than 20 years of public safety service credit, the spouse
4840 at the time of death shall receive a lump sum of $1,000 and [
4841 of the [
4842 [
4843 member shall be considered to have retired with [
4844 [
4845 receive the death benefit payable to a [
4846
4847 [
4848 benefits are payable as follows:
4849 [
4850
4851 contributions, whichever [
4852 [
4853 safety service credit at the time of death, the [
4854 the sum of $500, plus [
4855 average monthly salary[
4856 accrued by the member up to a maximum of 30% [
4857 salary.
4858 [
4859 benefit shall be calculated as provided in Subsection (1)[
4860 [
4861 [
4862 has designated a beneficiary, the [
4863 beneficiary.
4864 Section 119. Section 49-15-502 , which is renumbered from Section 49-4a-702 is
4865 renumbered and amended to read:
4866 [
4867 benefits.
4868 (1) If an active member of [
4869 [
4870
4871 [
4872 if the death is classified by the office as a line-of-duty death, the [
4873 of death shall receive a lump sum of $1,500 and [
4874 37.5% of the [
4875 [
4876 [
4877 death, the death is considered line-of-duty and the benefit [
4878 provided under Subsection (1)(a).
4879 [
4880 [
4881 death, the [
4882 member's member contributions, plus 50% of the member's most recent 12 months' [
4883 compensation.
4884 [
4885 service credit at the time of death, [
4886 to age 18 [
4887 receive an allowance of $50.
4888 (ii) Payments shall be made to the surviving parent or to a duly appointed guardian, or as
4889 otherwise provided under [
4890 [
4891 paid to each of the member's unmarried children to age 18.
4892 [
4893 subsections, and the member has designated a beneficiary, the [
4894 member contributions shall be paid to the beneficiary.
4895 [
4896
4897 75% of the member's final average monthly salary.
4898 Section 120. Section 49-15-503 , which is renumbered from Section 49-4a-703 is
4899 renumbered and amended to read:
4900 [
4901 [
4902
4903
4904 [
4905
4906
4907 [
4908 (1) If an inactive member who has less than 20 years of public safety service credit dies,
4909 the designated beneficiary shall receive a refund of the member's member contributions or $500,
4910 whichever is greater.
4911 (2) (a) If an inactive member with 20 or more years of public safety service credit dies, the
4912 spouse at the time of death shall receive an allowance in an amount of 50% of the amount the
4913 member would have received had retirement occurred on the first of the month in which the death
4914 occurred[
4915 (b) This allowance shall be based [
4916 monthly salary under Section [
4917 of the member at the time of death [
4918 [
4919
4920
4921 Section 121. Section 49-15-504 , which is renumbered from Section 49-4a-704 is
4922 renumbered and amended to read:
4923 [
4924 (1) If [
4925
4926
4927 65% of the allowance that was being paid to the [
4928 (2) [
4929 [
4930 disabled children, the children shall qualify for a benefit as prescribed [
4931
4932
4933 following the month in which the [
4934 [
4935
4936 Section 122. Section 49-15-505 is enacted to read:
4937 49-15-505. Benefits for surviving spouse under Division A or Division B.
4938 The spouse at the time of death, if eligible, shall receive a benefit computed under either
4939 Division A or Division B, whichever provides the larger benefit, but may not receive a benefit
4940 under both divisions if it would result in a duplicate benefit.
4941 Section 123. Section 49-16-101 , which is renumbered from Section 49-5-101 is
4942 renumbered and amended to read:
4943
4944
4945 [
4946 This chapter is known as the "Firefighters' Retirement Act."
4947 Section 124. Section 49-16-102 , which is renumbered from Section 49-5-103 is
4948 renumbered and amended to read:
4949 [
4950 As used in this chapter:
4951 (1) (a) "Compensation[
4952 are [
4953
4954 as base income for the regularly scheduled work period. The participating employer shall establish
4955 the regularly scheduled work period. Base income shall be determined prior to [
4956
4957 service employee authorizes to be deducted for [
4958 ] other benefits authorized by federal law[
4959 (b) "Compensation" includes performance-based bonuses and cost-of-living adjustments.
4960 (c) "Compensation" does not include:
4961 (i) overtime;
4962 (ii) sick pay incentives;
4963 (iii) retirement pay incentives;
4964 (iv) remuneration paid in kind such as a residence, use of equipment, uniforms, [
4965 [
4966 (v) a lump-sum payment or special payments covering accumulated leave; and
4967 (vi) all contributions made by [
4968 under any other employee benefit system or plan maintained by [
4969 the benefit of a member or participant.
4970 (d) "Compensation" for purposes of this chapter may not exceed the amount allowed under
4971 Internal Revenue Code Section 401(a)(17).
4972 (2) (a) "Disability" means a physical or mental condition that, in the judgment of the
4973 [
4974 responsibilities of the member's [
4975 satisfactorily in some other [
4976 (b) The determination of disability is based upon medical and other evidence satisfactory
4977 to the [
4978 [
4979
4980
4981 [
4982 years of annual compensation preceding retirement[
4983
4984
4985 (a) Except as provided in Subsection [
4986 compensation in any one of the years used may not exceed the previous year's [
4987 compensation by more than 10% plus a cost-of-living adjustment equal to the decrease in the
4988 purchasing power of the dollar during the previous year, as measured by [
4989
4990 as determined by the board.
4991 (b) In cases where the [
4992 documentation to the [
4993 (i) the member has transferred from another [
4994 (ii) the member has been promoted to a new position.
4995 [
4996
4997 scheduled compensated employment per year rendered by a member who is a firefighter service
4998 employee trained in firefighter techniques and assigned to a position of hazardous duty with a
4999 regularly constituted fire department, but does not include secretarial staff or other similar
5000 employees.
5001 (5) "Firefighter service employee" means an employee of a participating employer who
5002 provides firefighter service under this chapter. An employee of a regularly constituted fire
5003 department who does not perform firefighter service is not a firefighter service employee.
5004 [
5005 [
5006
5007 [
5008 disability resulting from external force, violence, or disease [
5009
5010
5011
5012
5013 (a) A paid firefighter who has five years of firefighter service credit is eligible for a
5014 line-of-duty death or disability resulting from heart [
5015 respiratory tract condition.
5016 (b) A paid firefighter who receives a service connected disability benefit for [
5017 more than six months [
5018
5019 lung disease, or respiratory [
5020
5021 firefighter service, may not be eligible for a line-of-duty death or disability benefit due to heart
5022 disease, lung disease, or respiratory tract condition for two years after the firefighter returned to
5023 work unless clear and [
5024 disease, or respiratory [
5025 directly a result of firefighter service.
5026 [
5027
5028 [
5029
5030 [
5031
5032
5033 [
5034
5035 [
5036 [
5037
5038 [
5039
5040 (7) "Participating employer" means an employer which meets the participation
5041 requirements of Section 49-16-201 .
5042 [
5043 a [
5044 hours of regularly scheduled paid employment per year.
5045 [
5046
5047
5048 [
5049
5050
5051 (9) "System" means the Firefighters' Retirement System created under this chapter.
5052 [
5053 as a firefighter service employee, but who is on the rolls of a regularly constituted fire department.
5054 (b) An individual that volunteers assistance but is not a regularly enrolled firefighter is not
5055 a volunteer firefighter.
5056 [
5057
5058 [
5059 [
5060 or not, during which [
5061 by a participating employer or received full-time pay while on sick leave, including any time the
5062 firefighter service employee was absent in the service of the United States on military duty.
5063 Section 125. Section 49-16-103 , which is renumbered from Section 49-5-201 is
5064 renumbered and amended to read:
5065 [
5066 There is created for [
5067 who are employed by a participating employer the "Firefighters' Retirement System."
5068 Section 126. Section 49-16-104 , which is renumbered from Section 49-5-202 is
5069 renumbered and amended to read:
5070 [
5071 (1) There is created the "Firefighters' Retirement Trust Fund" for the purpose of paying
5072 the benefits and costs of administering this system.
5073 (2) The fund shall consist of all money and assets transferred to it from any terminated
5074 system, all money paid into it, including interest, in accordance with this chapter, whether in the
5075 form of cash, securities, or other assets, and of all money received from any other source.
5076 (3) The custody, management, and investment of the fund shall be governed by [
5077 Chapter [
5078 Section 127. Section 49-16-201 , which is renumbered from Section 49-5-203 is
5079 renumbered and amended to read:
5080
5081 [
5082 [
5083
5084 [
5085
5086
5087
5088
5089 [
5090 (1) A firefighter service employee who performs firefighter service for an employer
5091 participating in this system is eligible for service credit in this system upon the earliest of:
5092 (a) July 1, 1971, if the firefighter service employee was employed by the participating
5093 employer on July 1, 1971, and the participating employer was participating in this system on that
5094 date;
5095 (b) the date the participating employer begins participating in this system if the firefighter
5096 service employee was employed by the participating employer on that date; or
5097 (c) the date the firefighter service employee is hired to perform firefighter services for a
5098 participating employer.
5099 (2) (a) (i) A participating employer that has public safety service and firefighter [
5100
5101 shall enroll the dual purpose [
5102 amount of [
5103 (ii) The [
5104 firefighter service employees of the [
5105 (b) (i) Prior to transferring a dual purpose employee from one system to another, the
5106 participating employer shall receive written permission from the office.
5107 (ii) The office may request documentation to verify the appropriateness of the transfer.
5108 (3) (a) A person hired by a regularly constituted fire department on or after July 1, 1971,
5109 who does not perform firefighter service is not eligible for service credit in this system.
5110 (b) The nonfirefighter service employee shall become a member of the system for which
5111 the nonfirefighter service employee qualifies for service credit.
5112 (c) The service credit exclusion under this Subsection (3) may not be interpreted to
5113 prohibit the assignment of a disabled or partially disabled firefighter to a nonfirefighter service
5114 position.
5115 (d) If Subsection (3)(c) applies, the firefighter service employee remains eligible for
5116 service credit in this system.
5117 (4) An allowance or other benefit may not be granted under this system that is based upon
5118 the same service for benefits received under some other system.
5119 (5) Service as a volunteer firefighter is not eligible for service credit in this system.
5120 Section 128. Section 49-16-202 , which is renumbered from Section 49-5-204 is
5121 renumbered and amended to read:
5122 [
5123 -- Supplemental programs authorized.
5124 [
5125
5126
5127 [
5128
5129
5130
5131 (1) An employer that employs firefighter service employees and is required by Section
5132 49-12-202 or 49-13-202 to be a participating employer in the Public Employees' Contributory
5133 Retirement System or the Public Employees' Noncontributory Retirement System shall cover all
5134 of its firefighter service employees under one of the following systems:
5135 (a) Chapter 12, Public Employees' Contributory Retirement Act;
5136 (b) Chapter 13, Public Employees' Noncontributory Retirement Act; or
5137 (c) Chapter 16, Firefighters' Retirement Act.
5138 (2) Any employer that covers its firefighter service employees under Subsection (1)(c) is
5139 a participating employer in this system.
5140 (3) If a participating employer under Subsection (1) covers any of its firefighter service
5141 employees under the Firefighters' Retirement System, that participating employer shall cover all
5142 of its firefighter service employees under that system.
5143 (4) A participating employer may not withdraw from this system.
5144 [
5145 provide or participate in any additional public or private retirement, supplemental or [
5146
5147 employees.
5148 Section 129. Section 49-16-203 is enacted to read:
5149 49-16-203. Exemption of certain employees from coverage -- Exception.
5150 (1) A firefighter service employee serving as the chief of any fire department or district
5151 is excluded from coverage under this system if that firefighter service employee files a formal
5152 written request seeking exemption.
5153 (2) A firefighter service employee serving as the chief of any fire department or district
5154 may not continue employment with the same participating employer and receive an allowance from
5155 the office based on firefighter service at the same time.
5156 Section 130. Section 49-16-301 , which is renumbered from Section 49-5-301 is
5157 renumbered and amended to read:
5158
5159 [
5160 pay employee contributions -- Accounting for and vesting of worker contributions --
5161 Deductions.
5162 (1) [
5163
5164 addition to the monies paid to this system under Subsection (6), participating employers and
5165 firefighter service employees shall jointly pay the certified contribution rates to the office to
5166 maintain this system on a financially and actuarially sound basis.
5167 (2) For purposes of determining contribution rates [
5168 divided into two divisions according to Social Security coverage[
5169 (a) members of this system with on-the-job Social Security coverage are in Division A[
5170
5171 (b) members of this system without on-the-job Social Security coverage are in Division
5172 B.
5173 [
5174 (3) (a) A participating employer may elect to pay all or part of [
5175 member contributions, in addition to the required participating employer contributions.
5176 (b) Any amount contributed by [
5177 [
5178 contribution.
5179 (c) The [
5180 amount that is paid by the participating employer.
5181 [
5182 individual [
5183 (b) This amount is held in trust for the payment of benefits to the member or the member's
5184 beneficiaries.
5185 (c) All member contributions are [
5186 [
5187 member contributions.
5188 (b) The payment of compensation less [
5189 to be full payment [
5190 [
5191
5192
5193
5194 (6) (a) In addition to contribution rates described under this section, there shall be paid to
5195 the Firefighters' Retirement Trust Fund created under Section 49-16-104 :
5196 [
5197 Title 59, Chapter 9, Taxation of Admitted Insurers, upon property insurance premiums, as defined
5198 [
5199 insurance companies within the state; and
5200 [
5201 Admitted Insurers, upon life insurance premiums as defined in Section 31A-1-301 within the state.
5202 (b) Payments to the fund shall be made annually until the service liability is liquidated,
5203 after which the tax revenue provided in this subsection for the Firefighters' Retirement Trust Fund
5204 ceases.
5205 Section 131. Section 49-16-401 , which is renumbered from Section 49-5-401 is
5206 renumbered and amended to read:
5207
5208 [
5209 Qualifications.
5210 [
5211
5212
5213
5214 [
5215
5216 [
5217
5218 [
5219
5220 (1) A member is qualified to receive an allowance from this system when:
5221 (a) the member ceases actual work for a participating employer in this system before the
5222 member's retirement date and provides evidence of the termination;
5223 (b) the member has submitted to the office a notarized retirement application form that
5224 states the member's proposed retirement date; and
5225 (c) one of the following conditions is met as of the member's retirement date:
5226 [
5227 [
5228 [
5229 [
5230 [
5231 (2) (a) The member's retirement date shall be the 1st or the 16th day of the month, as
5232 selected by the firefighter service employee, but the retirement date must be on or after the date
5233 of termination.
5234 (b) The retirement date may not be more than 90 days after the date the application is
5235 received by the office.
5236 Section 132. Section 49-16-402 , which is renumbered from Section 49-5-402 is
5237 renumbered and amended to read:
5238 [
5239 [
5240
5241 [
5242
5243 [
5244
5245 [
5246
5247 [
5248
5249
5250
5251 [
5252
5253 [
5254
5255 [
5256
5257 [
5258
5259 [
5260
5261
5262
5263
5264
5265
5266
5267
5268 (1) A retiree under this system shall receive an allowance equal to:
5269 (a) 2.5% of final average monthly salary multiplied by the number of years of service
5270 credit, limited to 20 years; plus
5271 (b) 2% of final average monthly salary, multiplied by the number of years of service credit
5272 in excess of 20 years.
5273 (2) The minimum annual allowance payable under this section is $500.
5274 (3) Except as modified by cost-of-living adjustments, an allowance under this system may
5275 not exceed 70% of a firefighter service employee's final average monthly salary.
5276 Section 133. Section 49-16-403 , which is renumbered from Section 49-5-601 is
5277 renumbered and amended to read:
5278 [
5279 (1) [
5280 make an annual cost-of-living adjustment to [
5281
5282 [
5283
5284
5285
5286 [
5287
5288
5289 [
5290
5291 [
5292
5293 [
5294 [
5295 [
5296
5297
5298
5299 (a) an original allowance paid under Section 49-16-402 , Part 5, Death Benefit, and Part
5300 6, Disability Benefit, of this chapter if the allowance has been paid for at least one year; and
5301 (b) an original payment made to an alternate payee under a domestic relations order, if the
5302 payment is to be paid as a percentage of the allowance rather than a specific dollar amount.
5303 (2) (a) The original allowance shall be increased by the annual increase in the Consumer
5304 Price Index up to a maximum of 4%.
5305 (b) Annual increases in the Consumer Price Index in excess of 4% shall be accumulated
5306 and used in subsequent adjustments when the annual increase in the Consumer Price Index is less
5307 than 4%.
5308 (3) The Consumer Price Index used in calculating adjustments shall be a United States
5309 Bureau of Labor Statistics Consumer Price Index average as determined by the board.
5310 (4) The cost-of-living adjustment made under this section may not decrease the allowance.
5311 Section 134. Section 49-16-501 , which is renumbered from Section 49-5-701 is
5312 renumbered and amended to read:
5313
5314 [
5315 benefits.
5316 (1) If an active member of [
5317 49-16-301 dies, [
5318 [
5319 (a) If the death is classified by the office as a line-of-duty[
5320 death, benefits are payable as follows:
5321 (i) If the member has accrued less than 20 years of firefighter service credit, the spouse at
5322 the time of death shall receive a lump sum of $1,500 and [
5323 of the [
5324 [
5325 member shall be considered to have retired with [
5326 [
5327 receive the death benefit payable to a [
5328 [
5329 benefits are payable as follows:
5330 [
5331
5332 the member's member contributions, whichever is greater.
5333 [
5334 [
5335 an allowance equal to 2% of the member's final average monthly salary [
5336 for each year of service credit [
5337 of the member's final average monthly salary.
5338 [
5339 (2) (a) If the member dies without a current spouse, the spouse's benefit shall be equally
5340 divided and paid to each unmarried child until the child reaches age 21.
5341 (b) The payment shall be made to a duly appointed guardian or as provided under Sections
5342 49-11-609 and 49-11-610 .
5343 [
5344 has designated a beneficiary, the [
5345 paid to the beneficiary.
5346 Section 135. Section 49-16-502 , which is renumbered from Section 49-5-702 is
5347 renumbered and amended to read:
5348 [
5349 (1) If an active member of [
5350 49-16-301 dies, [
5351 [
5352
5353 (i) If the member has accrued less than 20 years of firefighter service credit, the spouse at
5354 the time of death shall receive a lump sum of $1,500 and [
5355 [
5356
5357 [
5358 years of firefighter service credit, the member shall be considered to have retired with an allowance
5359 calculated under Subsection 49-16-402 and the [
5360 receive the death benefit payable to a [
5361 49-16-504 .
5362 [
5363 death, the benefits are payable as follows:
5364 (i) If the member has accrued five or more years of firefighter service credit, the death is
5365 considered line-of-duty and the same benefits are payable as established under Subsection (1) [
5366
5367 [
5368 accrued less than five years of firefighter service credit, the [
5369 shall receive a refund of the [
5370 recent 12 months [
5371 [
5372 credit, the member's unmarried children[
5373 mentally or physically disabled children, shall receive a monthly allowance of $75.
5374 (2) (a) In the event of the death of the member and spouse, the spouse's benefits are equally
5375 divided and paid to each unmarried child until the child reaches age 21.
5376 (b) The payments shall be made to the surviving parent or duly appointed guardian or
5377 [
5378 [
5379 subsections, and the member has designated a beneficiary, the [
5380 member contributions shall be paid to the beneficiary.
5381 [
5382
5383 75% of the member's final average monthly salary.
5384 Section 136. Section 49-16-503 , which is renumbered from Section 49-5-703 is
5385 renumbered and amended to read:
5386 [
5387 [
5388
5389
5390 [
5391
5392 (1) If an inactive member who has less than 20 years of firefighter service credit dies, the
5393 designated beneficiary shall receive a refund of the member's member contributions or $500,
5394 whichever is greater.
5395 (2) (a) If an inactive member with 20 or more years of firefighter service credit dies, the
5396 spouse at the time of death shall receive an allowance in the amount of 50% of the amount the
5397 member would have received had [
5398 the month following the month in which the death occurred[
5399 (b) This allowance shall be based on years of service credit and final average monthly
5400 salary under Section 49-16-402 , reduced actuarially from age 50 to the age of the member at the
5401 time of death[
5402 [
5403
5404 Section 137. Section 49-16-504 , which is renumbered from Section 49-5-704 is
5405 renumbered and amended to read:
5406 [
5407 [
5408
5409 [
5410 (1) If a retiree who retired under either Division A or Division B dies, the retiree's spouse
5411 at the time of death shall receive an allowance equal to 75% of the allowance that was being paid
5412 to the retiree at the time of death.
5413 (2) If the retiree retired solely under Division B and dies leaving unmarried children under
5414 the age of 18 or dependent unmarried mentally or physically disabled children, the children shall
5415 qualify for a benefit as prescribed under Subsection 49-16-502 (1)(c) which is payable on the first
5416 day of the month following the month in which the [
5417 [
5418
5419 [
5420
5421 Section 138. Section 49-16-505 is enacted to read:
5422 49-16-505. Benefits for surviving spouse under Division A or Division B.
5423 The spouse at the time of death, if eligible, shall receive a benefit computed under either
5424 Division A or Division B, whichever provides the larger benefit, but may not receive a benefit
5425 under both divisions if it would result in a duplicate benefit.
5426 Section 139. Section 49-16-506 is enacted to read:
5427 49-16-506. Minimum allowance for spouse.
5428 The minimum allowance payable to the spouse who qualifies for an allowance under
5429 Section 49-16-501 , 49-16-502 , 49-16-503 or 49-16-504 , shall be $350 per month.
5430 Section 140. Section 49-16-601 , which is renumbered from Section 49-5-501 is
5431 renumbered and amended to read:
5432
5433 [
5434 Monthly allowance.
5435 [
5436 firefighter service due to a physical or mental condition may apply to the [
5437 a disability retirement benefit subject to the following provisions:
5438 [
5439 the member shall [
5440 subject to Section [
5441 [
5442
5443 (b) If the condition is classified by the office as a nonline-of-duty disability and if the
5444 member has less than five years of service credit in this system, disability benefits are not payable.
5445 [
5446
5447 more years of service credit in this system, the member shall [
5448 a disability [
5449 [
5450 (2) The monthly disability [
5451 the member's final average monthly salary.
5452 Section 141. Section 49-16-602 , which is renumbered from Section 49-5-502 is
5453 renumbered and amended to read:
5454 [
5455 Conversion to service retirement -- Examinations -- Reemployment.
5456 [
5457
5458 (1) [
5459 shall receive a disability [
5460 (a) the date the member of this system is no longer disabled;
5461 (b) the date the member of this system has accumulated 20 years of service credit,
5462 including years earned while disabled; or
5463 (c) the date the member of this system has received disability retirement benefits for the
5464 following time periods:
5465 (i) if the member is under age 60 or the date of disability, the disability [
5466 retirement benefit is payable until age 65;
5467 (ii) if the member is 60[
5468 [
5469 (iii) if the member is 62[
5470 [
5471 (iv) if the member is 64[
5472 [
5473 (v) if the member is 66[
5474 [
5475 (vi) if the member is [
5476 disability retirement benefit is payable for one year.
5477 (2) (a) (i) The [
5478 the period of disability. [
5479 (ii) If the disability retiree is employed by a participating employer during the period of
5480 disability, the [
5481 (b) The disability retirement shall be converted to a service retirement at the time the
5482 disability retirement benefits terminate.
5483 (3) The [
5484 benefits based upon [
5485 (a) the evaluation and recommendations of one or more treating physicians along with
5486 medical records relating to the [
5487
5488
5489 (b) the evaluation and recommendations of one or more independent physicians selected
5490 by the office; and
5491 [
5492 employer that the member [
5493 perform firefighter service.
5494 [
5495
5496 [
5497 section shall, upon request of the [
5498 examination by one or more physicians as directed by the [
5499 [
5500
5501 [
5502 is physically able and capable of resuming firefighter service employment, the [
5503 retiree shall be reinstated by the participating employer for which the disability retiree last worked
5504 at the [
5505 retirement benefit shall terminate.
5506 [
5507 examination under this Subsection (4) more than once every year.
5508 [
5509 a participating employer in this system shall immediately [
5510 credit that shall be added to that service credit that has been previously accrued [
5511
5512 [
5513 after reaching age 55.
5514 [
5515 office either before or after a decision regarding disability benefits has been made is sufficient
5516 cause for denial, suspension, or discontinuance of benefits and if the refusal or neglect continues
5517 for one year, the member's or disability retiree's rights to [
5518 be revoked by the [
5519 [
5520 shall file a sworn statement with the [
5521 the first five years a [
5522 (b) The sworn statement shall indicate whether or not the [
5523 engaged in any [
5524 received during the calendar year.
5525 [
5526
5527
5528 (c) If the total amount received in one year by a disability retiree for disability retirement
5529 benefits and gross earnings from other employment exceeds 125% of the disability retiree's final
5530 average salary, the office shall offset the disability retirement benefit paid the following year by
5531 the amount in excess of 125% of the [
5532 [
5533 as required under this Subsection (7), the [
5534 of any and all benefits pending receipt of the statement.
5535 (ii) Upon filing the statement, the [
5536 [
5537 cost-of-living increase factor applied to [
5538 firefighter service employee at the time of disability.
5539 [
5540 [
5541 federal law.
5542 (10) (a) An active member of this system with five or more years of firefighter service
5543 credit shall be eligible for a line-of-duty death or disability benefit resulting from heart disease,
5544 lung disease, or respiratory tract disease.
5545 (b) An active member of this system who receives a line-of-duty disability benefit for more
5546 than six months due to violence or illness other than heart disease, lung disease, or respiratory tract
5547 disease, and then returns to paid firefighter service, is not eligible for a line-of-duty death or
5548 disability benefit due to those diseases for two years after the member returned to paid firefighter
5549 service unless clear and convincing evidence is presented that the heart, lung, or respiratory tract
5550 disease was directly a result of firefighter service.
5551 Section 142. Section 49-16-603 , which is renumbered from Section 49-5-503 is
5552 renumbered and amended to read:
5553 [
5554 compensation claim.
5555 (1) Settlement of a claim for workers' compensation for injury or disability shall suspend
5556 [
5557 to a member granted [
5558 (2) If there is a lump-sum settlement of the workers' compensation claim, the
5559 [
5560 suspended [
5561 compensation. [
5562
5563
5564
5565 Section 143. Section 49-16-701 , which is renumbered from Section 49-5-802 is
5566 renumbered and amended to read:
5567
5568 [
5569 disability benefits in Division A -- Computation of benefit.
5570 [
5571 (1) A volunteer firefighter is only eligible for line-of-duty death and line-of-duty
5572 disability benefits provided for firefighters enrolled in Division A, subject to Section [
5573 49-16-603 .
5574 (2) The lowest monthly [
5575 this state at the time of death or disability shall be [
5576 final average monthly salary [
5577
5578 Section 144. Section 49-17-101 , which is renumbered from Section 49-6-101 is
5579 renumbered and amended to read:
5580
5581
5582 [
5583 This chapter is known as the "Judges' Contributory Retirement Act."
5584 Section 145. Section 49-17-102 , which is renumbered from Section 49-6-103 is
5585 renumbered and amended to read:
5586 [
5587 As used in this chapter:
5588 (1) (a) "Compensation[
5589 which are currently includable in gross income made by [
5590
5591 (b) "Compensation" includes:
5592 (i) performance-based bonuses;
5593 (ii) cost-of-living adjustments;
5594 (iii) payments subject to Social Security deductions;
5595 (iv) any payments in excess of the maximum amount subject to deduction under Social
5596 Security law; [
5597 (v) amounts which the [
5598 deferral or other [
5599 (vi) member contributions.
5600 (c) "Compensation" for purposes of this chapter may not exceed the amount allowed under
5601 Internal Revenue Code Section 401(a)(17).
5602 (d) "Compensation," [
5603 (i) the monetary value of remuneration paid in kind, such as a residence or use of
5604 equipment;
5605 (ii) all contributions made by [
5606 the benefit of a member or participant;
5607 [
5608
5609 [
5610 [
5611 retirement inducements; or
5612 [
5613 (2) "Final average salary" means the amount computed by averaging the highest two years
5614 of annual compensation preceding retirement, subject to Subsections (2)(a) and (b).
5615 (a) Except as provided in Subsection (2)(b), the percentage increase in annual
5616 compensation in any one of the years used may not exceed the previous year's [
5617 compensation by more than 10% plus a cost-of-living adjustment equal to the decrease in the
5618 purchasing power of the dollar during the previous year, as measured by [
5619
5620 as determined by the board.
5621 (b) In cases where the [
5622 documentation to the board, the limitation in Subsection (2)(a) may be exceeded if:
5623 (i) the member has transferred from another [
5624 (ii) the member has been promoted to a new position.
5625 [
5626 (3) "Judge" means a judge or justice of the courts of record as enumerated in Section
5627 78-1-1 .
5628 (4) "Participating employer" means the state.
5629 (5) "System" means the Judges' Contributory Retirement System created under this
5630 chapter.
5631 [
5632 to consist of 12 full months as determined by the board, whether consecutive or not, during which
5633 a [
5634 Section 146. Section 49-17-103 , which is renumbered from Section 49-6-201 is
5635 renumbered and amended to read:
5636 [
5637 There is created for [
5638 Retirement System."
5639 Section 147. Section 49-17-104 , which is renumbered from Section 49-6-202 is
5640 renumbered and amended to read:
5641 [
5642 (1) There is created the "Judges' Contributory Retirement Trust Fund" for the purpose of
5643 paying the benefits and costs of administering this system.
5644 (2) The fund shall consist of all money, including interest, and assets transferred to it under
5645 any terminated system, the money paid into it under this system, whether in the form of cash,
5646 securities, or other assets, and of all money received from any other source.
5647 (3) Custody, management, and investment of the fund shall be governed by [
5648 Chapter [
5649 Section 148. Section 49-17-201 , which is renumbered from Section 49-6-203 is
5650 renumbered and amended to read:
5651
5652 [
5653 [
5654 as provided in Section 49-18-201 , judges are members of and are eligible for service credit in this
5655 system.
5656 Section 149. Section 49-17-301 , which is renumbered from Section 49-6-301 is
5657 renumbered and amended to read:
5658
5659 [
5660 Retirement fees -- Deductions.
5661 (1) [
5662 Subsection (3), participating employers and members shall jointly pay the certified contribution
5663 rates to the office to maintain this system on a financially and actuarially sound basis [
5664
5665 (2) The participating employer may make contributions on behalf of [
5666
5667 [
5668 be paid by the member. [
5669
5670
5671
5672 [
5673 (3) Fees collected under Subsection 78-7-35 (1)(i) shall be paid monthly to the office to
5674 maintain this system and the system established under Chapter 18, Judges' Noncontributory
5675 Retirement Act.
5676 (4) (a) All member contributions are credited by the [
5677 the individual member.
5678 (b) This amount, [
5679 payment of benefits to the member or the member's beneficiaries.
5680 (c) All member contributions are [
5681 (5) (a) Each member is [
5682 of the member contributions.
5683 (b) The payment of compensation less [
5684 [
5685 [
5686
5687
5688 Section 150. Section 49-17-401 , which is renumbered from Section 49-6-401 is
5689 renumbered and amended to read:
5690
5691 [
5692 Qualifications.
5693 [
5694
5695
5696
5697 [
5698
5699 [
5700
5701 [
5702
5703 (1) A member is qualified to receive an allowance when:
5704 (a) the member ceases actual work for a participating employer in this system before the
5705 member's retirement date and provides evidence of the termination;
5706 (b) the member has submitted to the office a notarized retirement application form that
5707 states the member's proposed retirement date; and
5708 (c) one of the following conditions is met as of the member's retirement date:
5709 [
5710 has attained an age of 70 years [
5711 [
5712 and has attained an age of 62 years [
5713 [
5714 and has attained an age of 55 years [
5715 [
5716 (2) (a) The member's retirement date shall be the 1st or the 16th day of the month, as
5717 selected by the member, but the retirement date must be on or after the date of termination.
5718 (b) The retirement date may not be more than 90 days after the date the application is
5719 received by the office.
5720 Section 151. Section 49-17-402 , which is renumbered from Section 49-6-402 is
5721 renumbered and amended to read:
5722 [
5723 [
5724
5725 [
5726
5727 (1) A retiree under this system shall receive an allowance equal to:
5728 (a) 5% of the final average monthly salary multiplied by the number of years of [
5729 service [
5730 (b) 2.25% of the final average monthly salary multiplied by the number of years of
5731 [
5732 years[
5733 (c) 1% of the final average monthly salary multiplied by the number of years of [
5734 service [
5735
5736 [
5737
5738 [
5739
5740 (2) Except as modified by cost-of-living adjustments, an allowance under this system may
5741 not exceed 75% of the member's final average monthly salary.
5742 [
5743 or more of [
5744
5745
5746
5747 early retirement reduction to the allowance based on an actuarial calculation assuming a normal
5748 retirement age of 65 years.
5749 [
5750
5751
5752 [
5753
5754
5755
5756
5757
5758
5759
5760 Section 152. Section 49-17-403 is enacted to read:
5761 49-17-403. Minimum allowance.
5762 Beginning July 1, 1990, all retirees or beneficiaries under this chapter who receive an
5763 allowance less than $1,000 per month shall have the allowance increased 10%, but the increased
5764 allowance may not equal more than $1,000.
5765 Section 153. Section 49-17-404 , which is renumbered from Section 49-6-404 is
5766 renumbered and amended to read:
5767 [
5768 (1) If a member qualified to retire under [
5769 a member of this system of any age [
5770 [
5771 65 years or older retires on or after July 1, 1992, and on or before December 31, 1992, the
5772 retirement allowance shall be the same as calculated in [
5773 49-17-402 , except that the final average monthly salary shall be calculated upon the member's final
5774 year of service.
5775 (2) (a) Nominations for appointments resulting from this section shall be presented to the
5776 governor not later than October 15, 1992.
5777 (b) To qualify, the member shall give notice of intent to retire under this section to the
5778 Administrative Office of the Courts no later than February 28, 1992.
5779 (c) Notice of intent to retire under this section may not be revoked.
5780 (d) The Administrative Office of the Courts shall provide the member's application to
5781 retire to the [
5782 Section 154. Section 49-17-405 , which is renumbered from Section 49-6-601 is
5783 renumbered and amended to read:
5784 [
5785 [
5786
5787
5788
5789
5790
5791
5792
5793 [
5794
5795
5796
5797
5798
5799
5800
5801 [
5802
5803 (1) The office shall make an annual cost-of-living adjustment to:
5804 (a) an allowance paid under Section 49-17-402 and Part 5, Death Benefit, of this chapter
5805 if the benefit has been paid for at least one year; and
5806 (b) a payment made to an alternate payee under a domestic relations order, if the payment
5807 is to be paid as a percentage of the allowance rather than a specific dollar amount.
5808 (2) (a) The allowance shall be increased by the annual increase in the Consumer Price
5809 Index up to a maximum of 4%.
5810 (b) Annual increases in the Consumer Price Index in excess of 4% shall be accumulated
5811 and used in subsequent adjustments when the annual increase in the Consumer Price Index is less
5812 than 4%.
5813 (3) The Consumer Price Index used in calculating adjustments shall be a United States
5814 Bureau of Labor Statistics Consumer Price Index average as determined by the board.
5815 (4) The cost-of-living adjustment made under this section may not decrease the allowance.
5816 Section 155. Section 49-17-501 , which is renumbered from Section 49-6-701 is
5817 renumbered and amended to read:
5818
5819 [
5820 Computation.
5821 (1) Upon the receipt of acceptable proof of death of a member [
5822 before the [
5823 time of death shall have the choice of the following death benefits:
5824 [
5825 interest, plus 65% of the [
5826 months' compensation prior to death; or
5827 [
5828
5829
5830 [
5831
5832
5833 [
5834 is married at the time of death, member contributions, including refund interest, shall be refunded
5835 to a [
5836 49-11-610 .
5837 Section 156. Section 49-17-502 , which is renumbered from Section 49-6-702 is
5838 renumbered and amended to read:
5839 [
5840 (1) (a) The death benefit payable to a [
5841
5842 65% of the allowance which was being paid to the [
5843 (b) The effective date of the accrual of this [
5844 month following the month in which the [
5845
5846 (2) [
5847
5848 computed [
5849 Section [
5850 (b) The [
5851
5852 actuarial equivalent necessary to [
5853 spousal death benefit above 65%.
5854 Section 157. Section 49-17-701 , which is renumbered from Section 49-6-801 is
5855 renumbered and amended to read:
5856
5857
5858 [
5859 (1) Except as provided in Subsection (2), a [
5860
5861 (2) A [
5862 1, 1996, or who attains 75 years of age prior to the [
5863 not be a candidate in that retention election and shall retire on or before December 31 of the year
5864 in which the [
5865 Section 158. Section 49-18-101 , which is renumbered from Section 49-6a-101 is
5866 renumbered and amended to read:
5867
5868
5869 [
5870 This chapter is known as the "Judges' Noncontributory Retirement Act."
5871 Section 159. Section 49-18-102 , which is renumbered from Section 49-6a-103 is
5872 renumbered and amended to read:
5873 [
5874 As used in this chapter:
5875 (1) (a) "Compensation[
5876 which are currently includable in gross income made by [
5877
5878 (b) "Compensation" includes:
5879 (i) performance-based bonuses;
5880 (ii) cost-of-living adjustments;
5881 (iii) payments subject to Social Security deductions;
5882 (iv) any payments in excess of the maximum amount subject to deduction under Social
5883 Security law; and
5884 (v) amounts which the [
5885 deferral or other [
5886 (c) "Compensation" for purposes of this chapter may not exceed the amount allowed under
5887 Internal Revenue Code Section 401(a)(17).
5888 (d) "Compensation[
5889 (i) the monetary value of remuneration paid in kind, such as a residence or use of
5890 equipment;
5891 (ii) all contributions made by [
5892 for the benefit of a member or participant;
5893 [
5894
5895 [
5896 [
5897 retirement inducements; or
5898 [
5899 [
5900 years of annual compensation preceding retirement, subject to Subsections (2)(a) and (b).
5901 (a) Except as provided in Subsection (2)(b), the percentage increase in annual
5902 compensation in any one of the years used may not exceed the previous year's [
5903 compensation by more than 10% plus a cost-of-living adjustment equal to the decrease in the
5904 purchasing power of the dollar during the previous year, as measured by [
5905
5906 as determined by the board.
5907 (b) In cases where the [
5908 documentation to the board, the limitation in Subsection (2)(a) may be exceeded if:
5909 (i) the member has transferred from another [
5910 (ii) the member has been promoted to a new position.
5911 [
5912 (3) "Judge" means a judge or justice of the courts of record as enumerated in Section
5913 78-1-1 .
5914 (4) "Participating employer" means the state.
5915 (5) "System" means the Judges' Noncontributory Retirement System created under this
5916 chapter.
5917 [
5918 each to consist of 12 full months or as determined by the board, whether consecutive or not, during
5919 which a [
5920 Section 160. Section 49-18-103 , which is renumbered from Section 49-6a-201 is
5921 renumbered and amended to read:
5922 [
5923 There is created for [
5924 Retirement System."
5925 Section 161. Section 49-18-104 , which is renumbered from Section 49-6a-202 is
5926 renumbered and amended to read:
5927 [
5928 (1) There is created the "Judges' Noncontributory Retirement Trust Fund" for the purpose
5929 of paying the benefits and costs of administering this system.
5930 (2) The fund shall consist of all money, including interest, and assets transferred to it under
5931 any terminated system, the money paid into it under this system, whether in the form of cash,
5932 securities, or other assets, and of all money received from any other source.
5933 (3) Custody, management, and investment of the fund shall be governed by [
5934 Chapter [
5935 Section 162. Section 49-18-201 , which is renumbered from Section 49-6a-203 is
5936 renumbered and amended to read:
5937
5938 [
5939 (1) [
5940
5941 system.
5942 (2) (a) Any [
5943 of [
5944 member of the Judges' Contributory Retirement System established under [
5945 17, Judges' Contributory Retirement Act, by following the procedures established by the board
5946 pursuant to this chapter.
5947 [
5948 this system under Subsection (2) prior to January 1, 1998.
5949 Section 163. Section 49-18-301 , which is renumbered from Section 49-6a-301 is
5950 renumbered and amended to read:
5951
5952 [
5953 Retirement fees.
5954 (1) [
5955 Subsection (2), participating employers shall pay the certified contribution rates to the office to
5956 maintain this system on a financially and actuarially sound basis [
5957
5958 [
5959 [
5960
5961
5962 (2) Fees collected under Subsection 78-7-35 (1)(i) shall be paid monthly to the office to
5963 maintain this system and the system established under Chapter 17, Judges' Contributory Retirement
5964 Act.
5965 Section 164. Section 49-18-401 , which is renumbered from Section 49-6a-401 is
5966 renumbered and amended to read:
5967
5968 [
5969 Qualifications.
5970 [
5971
5972
5973
5974 [
5975
5976 [
5977
5978 [
5979
5980 (1) A member is qualified to receive an allowance when:
5981 (a) the member ceases actual work for a participating employer in this system before the
5982 member's retirement date and provides evidence of the termination;
5983 (b) the member has submitted to the office a notarized retirement application form that
5984 states the member's proposed retirement date; and
5985 (c) one of the following conditions is met as of the member's retirement date:
5986 [
5987 has attained an age of 70 years [
5988 [
5989 and has attained an age of 62 years [
5990 [
5991 and has attained an age of 55 years [
5992 [
5993 (2) (a) The member's retirement date shall be the 1st or the 16th day of the month, as
5994 selected by the member, but the retirement date must be on or after the date of termination.
5995 (b) The retirement date may not be more than 90 days after the date the application is
5996 received by the office.
5997 Section 165. Section 49-18-402 , which is renumbered from Section 49-6a-402 is
5998 renumbered and amended to read:
5999 [
6000 [
6001
6002 [
6003
6004 (1) A retiree under this system shall receive an allowance equal to:
6005 (a) 5% of the final average monthly salary multiplied by the number of years of [
6006 service [
6007 (b) 2.25% of the final average monthly salary multiplied by the number of years of
6008 [
6009 years[
6010 (c) 1% of the final average monthly salary multiplied by the number of years of [
6011 service [
6012
6013 [
6014
6015 [
6016
6017 (2) Except as modified by cost-of-living adjustments, an allowance under this system may
6018 not exceed 75% of the member's final average monthly salary.
6019 [
6020 or more of [
6021
6022
6023
6024 early retirement reduction to the allowance based on an actuarial calculation assuming a normal
6025 retirement age of 65 years.
6026 [
6027
6028
6029 [
6030
6031
6032
6033
6034
6035
6036 Section 166. Section 49-18-403 , which is renumbered from Section 49-6a-501 is
6037 renumbered and amended to read:
6038 [
6039 [
6040
6041
6042
6043
6044
6045
6046
6047 [
6048
6049
6050
6051
6052
6053 [
6054
6055 (1) The office shall make an annual cost-of-living adjustment to:
6056 (a) an allowance paid under Section 49-18-402 and Part 5, Death Benefit, of this chapter
6057 if the benefit has been paid for at least one year; and
6058 (b) a payment made to an alternate payee under a domestic relations order, if the payment
6059 is to be paid as a percentage of the allowance rather than a specific dollar amount.
6060 (2) (a) The allowance shall be increased by the annual increase in the Consumer Price
6061 Index up to a maximum of 4%.
6062 (b) Annual increases in the Consumer Price Index in excess of 4% shall be accumulated
6063 and used in subsequent adjustments when the increase in the Consumer Price Index is less than
6064 4%.
6065 (3) The Consumer Price Index used in calculating adjustments shall be a United States
6066 Bureau of Labor Statistics Consumer Price Index average as determined by the board.
6067 (4) The cost-of-living adjustment made under this section may not decrease the allowance.
6068 Section 167. Section 49-18-501 , which is renumbered from Section 49-6a-601 is
6069 renumbered and amended to read:
6070
6071 [
6072 Computation.
6073 [
6074 before the [
6075 time of death shall have the choice of the following death benefits:
6076 [
6077 refund interest, plus 65% of the [
6078 12 months' compensation prior to death; or
6079 [
6080
6081
6082 [
6083
6084
6085 Section 168. Section 49-18-502 , which is renumbered from Section 49-6a-602 is
6086 renumbered and amended to read:
6087 [
6088 (1) (a) The death benefit payable to a [
6089
6090 65% of the allowance which was being paid to the [
6091 (b) The effective date of the accrual of this [
6092 month following the month in which the [
6093
6094 (2) [
6095
6096 computed [
6097 Section [
6098 (b) The [
6099 be reduced to an amount payable monthly for life[
6100 necessary to [
6101 benefit above 65%.
6102 Section 169. Section 49-18-701 , which is renumbered from Section 49-6a-701 is
6103 renumbered and amended to read:
6104
6105
6106 [
6107 (1) Except as provided in Subsection (2), a [
6108
6109 (2) A [
6110 1, 1996, or who attains 75 years of age prior to the [
6111 not be a candidate in that retention election and shall retire on or before December 31 of the year
6112 in which the [
6113 Section 170. Section 49-19-101 , which is renumbered from Section 49-7-101 is
6114 renumbered and amended to read:
6115
6116
6117
6118 [
6119 This chapter is known as the "[
6120 Governors' and Legislators' Retirement Act."
6121 Section 171. Section 49-19-102 is enacted to read:
6122 49-19-102. Definitions.
6123 As used in this chapter:
6124 (1) "Governor" includes former governors.
6125 (2) "Legislator" includes former legislators.
6126 (3) "Plan" means the Utah Governors' and Legislators' Retirement Plan created under this
6127 chapter.
6128 Section 172. Section 49-19-103 , which is renumbered from Section 49-7-201 is
6129 renumbered and amended to read:
6130 [
6131 There is created for Utah governors[
6132
6133 and Legislators' Retirement Plan."
6134 Section 173. Section 49-19-104 , which is renumbered from Section 49-7-202 is
6135 renumbered and amended to read:
6136 [
6137 (1) There is created the "[
6138 and Legislators' Retirement Trust Fund" for the purpose of paying the benefits and costs of
6139 administering this [
6140 (2) The fund shall consist of all money paid into it, including interest, in accordance with
6141 this chapter, whether in the form of cash, securities, or other assets, and of all money received from
6142 any other source.
6143 (3) Custody, management, and investment of the fund shall be governed by [
6144 Chapter [
6145 Section 174. Section 49-19-201 , which is renumbered from Section 49-7-203 is
6146 renumbered and amended to read:
6147
6148 [
6149 [
6150 [
6151
6152 [
6153 Governors and legislators are eligible for service credit in this plan during their term of
6154 service in their elected position.
6155 Section 175. Section 49-19-301 , which is renumbered from Section 49-7-301 is
6156 renumbered and amended to read:
6157
6158 [
6159 (1) [
6160 appropriations, shall maintain this plan on a financially and actuarially sound basis [
6161
6162 [
6163
6164
6165
6166 (2) The Legislature shall cause the appropriate amount to be paid to the office.
6167 Section 176. Section 49-19-401 , which is renumbered from Section 49-7-401 is
6168 renumbered and amended to read:
6169
6170 [
6171 [
6172
6173
6174
6175
6176 [
6177
6178
6179
6180
6181
6182
6183
6184
6185 [
6186
6187 [
6188
6189
6190 (1) A governor is qualified to receive an allowance when:
6191 (a) the governor has submitted to the office a notarized retirement application form that
6192 states the proposed retirement date; and
6193 (b) one of the following conditions is met as of the retirement date:
6194 (i) the governor has completed at least one full term in office and has attained an age of
6195 65 years; or
6196 (ii) the governor has served as governor of the state for at least ten years and has attained
6197 an age of 62 years.
6198 (2) A legislator is qualified to receive an allowance when:
6199 (a) the legislator has submitted to the office a notarized retirement application form that
6200 states the proposed retirement date; and
6201 (b) one of the following conditions is met as of the retirement date:
6202 (i) the legislator has completed at least four years in the Legislature and has attained an age
6203 of 65 years; or
6204 (ii) the legislator has completed at least ten years in the Legislature and has attained an age
6205 of 62 years.
6206 (3) (a) The retirement date shall be the 1st or the 16th day of the month as selected by the
6207 member.
6208 (b) The retirement date may not be more than 90 days after the date the application is
6209 received by the office.
6210 (4) A member who retires and continues to serve in office may not receive an additional
6211 increase to the allowance from that service.
6212 (5) A [
6213
6214
6215 Section 177. Section 49-19-402 is enacted to read:
6216 49-19-402. Calculation of allowance -- Reduction for early retirement.
6217 (1) (a) The base retirement amount for a governor under this plan is $500 per term,
6218 adjusted as provided in Section 49-19-404 since 1973.
6219 (b) A governor's allowance shall be calculated by multiplying the base retirement amount
6220 at the end of the governor's service by the number of terms the governor served, including fractions
6221 of terms.
6222 (2) (a) The base retirement amount for a legislator under this plan is $10 per year of service
6223 in the Legislature, adjusted as provided in Section 49-19-404 , since 1967.
6224 (b) A legislator's allowance shall be calculated by multiplying the base retirement amount
6225 at the end of the legislator's service by the number of years the legislator served, including fractions
6226 of years.
6227 (3) If a governor or legislator retires prior to age 65, the allowance shall be reduced by 3%
6228 for each year of retirement between age 62 and age 65.
6229 Section 178. Section 49-19-403 is enacted to read:
6230 49-19-403. Retirement option.
6231 A governor or legislator may elect to forfeit the allowance provided by this chapter and in
6232 lieu thereof participate, on the same basis as other state elected and appointed officers under Title
6233 67, Chapter 22, State Officer Compensation, in a defined contribution plan administered by the
6234 office, in accordance with Section 49-11-801 and in accordance with federal law.
6235 Section 179. Section 49-19-404 is enacted to read:
6236 49-19-404. Annual cost-of-living adjustment.
6237 (1) The office shall make an annual cost-of-living adjustment to:
6238 (a) an original allowance paid under Section 49-19-402 and Part 5, Death Benefit, of this
6239 chapter if the benefit has been paid for at least one year;
6240 (b) an original payment made to an alternate payee under a domestic relations order, if the
6241 payment is to be paid as a percentage of the allowance rather than a specific dollar amount; and
6242 (c) the base retirement amount for governors and legislators under Section 49-19-402 .
6243 (2) (a) The original allowance shall be increased by the annual increase in the Consumer
6244 Price Index up to a maximum of 4%.
6245 (b) Annual increases in the Consumer Price Index in excess of 4% shall be accumulated
6246 and used in subsequent adjustments when the increase in the Consumer Price Index is less than
6247 4%.
6248 (3) The Consumer Price Index used in calculating adjustments shall be a United States
6249 Bureau of Labor Statistics Consumer Price Index average as determined by the board.
6250 (4) The cost-of-living adjustment made under this section may not decrease the allowance.
6251 Section 180. Section 49-19-501 , which is renumbered from Section 49-7-403 is
6252 renumbered and amended to read:
6253
6254 [
6255 (1) Upon the death of a [
6256 retired and who has completed four or more years [
6257
6258 time of death shall receive an allowance equal to 50% of the [
6259 which the [
6260 65, if the [
6261 married at least six months.
6262 (2) Upon the death of a governor or legislator receiving an allowance under this plan, the
6263 member's spouse is entitled to an allowance equal to 50% of the allowance being paid to the
6264 member at the time of death.
6265 Section 181. Section 49-20-101 , which is renumbered from Section 49-8-101 is
6266 renumbered and amended to read:
6267
6268
6269
6270 [
6271 This chapter is known as the "[
6272 Act."
6273 Section 182. Section 49-20-102 , which is renumbered from Section 49-8-103 is
6274 renumbered and amended to read:
6275 [
6276 As used in this chapter[
6277 (1) "Covered employer" means an employer that offers employee benefit plans under this
6278 chapter to its employees and their dependents.
6279 (2) "Covered individual" means an employee and the employee's dependents eligible for
6280 coverage under this chapter.
6281 (3) "Employee [
6282 life insurance, medicare supplement, conversion coverage, cafeteria, flex plans, or other program
6283 for [
6284 Public Employees' Benefit and Insurance Program.
6285 (4) "Employer" means the state, its political subdivisions, and educational institutions.
6286 (5) "Program" means the Public Employees' Benefit and Insurance Program.
6287 Section 183. Section 49-20-103 , which is renumbered from Section 49-8-201 is
6288 renumbered and amended to read:
6289 [
6290 There is created for the employees of the state, its educational institutions, and political
6291 subdivisions the "[
6292 the office.
6293 Section 184. Section 49-20-104 , which is renumbered from Section 49-8-202 is
6294 renumbered and amended to read:
6295 [
6296 (1) There is created the "[
6297 of paying the benefits and the costs of administering this program.
6298 (2) The fund shall consist of all money and interest paid into it in accordance with this
6299 chapter, whether in the form of cash, securities, or other assets, and of all money received from any
6300 other source.
6301 (3) Custody, management, and investment of the fund shall be governed by [
6302 Chapter [
6303 Section 185. Section 49-20-105 , which is renumbered from Section 49-8-102 is
6304 renumbered and amended to read:
6305 [
6306 The purpose of this chapter is to provide a mechanism [
6307
6308 provide covered individuals with group health, dental, medical, disability, life insurance, medicare
6309 supplement, conversion coverage, cafeteria, flex plan, and other programs requested by the state,
6310 its political subdivisions, or educational institutions in the most efficient and economical manner.
6311 Section 186. Section 49-20-201 , which is renumbered from Section 49-8-203 is
6312 renumbered and amended to read:
6313
6314 [
6315 groups.
6316 (1) (a) [
6317
6318 (b) Other employers, including political subdivisions and educational institutions, are
6319 eligible, but are not required, to participate in [
6320
6321
6322 (2) (a) The Department of Health may participate in [
6323 providing [
6324 Insurance Program created in Title 26, Chapter 40, Utah Children's Health Insurance Act, if the
6325 provisions in Subsection 26-40-110 (4) occur.
6326 (b) If the Department of Health participates in the program under the provisions of this
6327 Subsection (2), all insurance risk associated with the Children's Health Insurance Program shall
6328 be the responsibility of the Department of Health and not the [
6329
6330 (3) A covered individual covered under a medical employee benefit plan shall be eligible
6331 for coverage after termination of employment under rules adopted by the board.
6332 (4) Only retirees, members, participants, and their current spouses are eligible for Medicare
6333 supplement coverage under this chapter upon becoming eligible for Medicare Part A and Part B
6334 coverage.
6335 Section 187. Section 49-20-202 , which is renumbered from Section 49-8-204 is
6336 renumbered and amended to read:
6337 [
6338 (1) The [
6339 (a) state employees[
6340 (b) the Utah Children's Health Insurance Program[
6341
6342
6343 (2) The program shall create risk pools for other covered employers separate from those
6344 created in Subsection (1) as determined by the program.
6345 Section 188. Section 49-20-301 , which is renumbered from Section 49-8-301 is
6346 renumbered and amended to read:
6347
6348 [
6349 The [
6350 by means of [
6351 and covered individuals.
6352 Section 189. Section 49-20-401 , which is renumbered from Section 49-8-401 is
6353 renumbered and amended to read:
6354
6355 [
6356 (1) The [
6357 (a) act as a self-insurer of employee [
6358 (b) enter into contracts with private insurers or carriers to underwrite employee [
6359 benefit plans [
6360 program;
6361 (c) indemnify employee benefit plans or purchase commercial reinsurance as considered
6362 appropriate by the program;
6363 [
6364 this chapter in cooperation with [
6365
6366 [
6367 plans under this chapter or enter into contracts, after competitive bids are taken, with other benefit
6368 administrators to provide for the administration of the claims process;
6369 [
6370 dental benefit plans and [
6371
6372
6373 benefit plans;
6374 [
6375
6376 develop recommendations for [
6377 [
6378 governor and Legislature which includes total projected benefit costs and administrative costs;
6379 [
6380 liabilities of the [
6381 program's consulting actuary;
6382 [
6383
6384
6385
6386 [
6387
6388 [
6389
6390
6391 (k) determine benefits and rates, upon approval of the board, for multiemployer risk pools,
6392 retiree coverage, and conversion coverage;
6393 (l) determine benefits and rates, upon approval of the board and the Legislature, for state
6394 employees;
6395 (m) administer benefits and rates, upon ratification of the board, for single employer risk
6396 pools;
6397 (n) request proposals for [
6398 benefit plans administered by third party carriers at least once every three years[
6399 the purposes of:
6400 (i) stimulating competition for the benefit of covered individuals;
6401 (ii) establishing better geographical distribution of medical care services; and
6402 (iii) providing coverage for both active and retired covered individuals;
6403 (o) offer proposals which meet the criteria specified in [
6404 request for proposals and accepted by the program to active and retired state [
6405
6406
6407 [
6408 [
6409 [
6410 benefits to children enrolled in the Utah Children's Health Insurance Program created in Title 26,
6411 Chapter 40[
6412 (q) establish rules and procedures governing the admission of political subdivisions or
6413 educational institutions and their employees to the program; and
6414 (r) contract directly with medical providers to provide services for covered individuals.
6415 (2) (a) Funds budgeted and expended shall accrue from [
6416 [
6417 (b) Administrative costs [
6418
6419 Legislature.
6420 (3) The Department of Human Resource Management shall include the benefit adjustments
6421 described in Subsection (1)(j) in the total compensation plan recommended to the governor
6422 required under Subsection 67-19-12 (6)(a).
6423 Section 190. Section 49-20-402 , which is renumbered from Section 49-8-402 is
6424 renumbered and amended to read:
6425 [
6426 [
6427 (1) The reserves in a risk pool in a given fiscal year [
6428
6429 approved or ratified by the board. If the reserves drop below that level, covered employers in the
6430 risk pool are required to cure any deficiency in the reserve.
6431 (2) If substantial excess reserves are accrued above those required by this chapter, and the
6432 board determines that a refund is appropriate, [
6433
6434 of the contribution of each to the plan. [
6435
6436
6437 Section 191. Section 49-20-403 is enacted to read:
6438 49-20-403. Assistance to members in purchase of life, health, dental, and medical
6439 insurance after retirement -- Employment of personnel to administer section.
6440 (1) The program may assist active and retired covered individuals and inactive covered
6441 individuals of the covered employers to purchase life, health, dental, and medical coverage on a
6442 group basis which can be continued after retirement under rules adopted by the board.
6443 (2) The executive director may employ any personnel, including consultants, to administer
6444 this section.
6445 Section 192. Section 49-20-404 , which is renumbered from Section 49-8-403 is
6446 renumbered and amended to read:
6447 [
6448 [
6449
6450
6451
6452 [
6453
6454 [
6455 described in Subsection [
6456 coverage policy for members and their surviving spouses covered under [
6457
6458 who:
6459 [
6460 [
6461 [
6462 program; and
6463 [
6464 [
6465 the benefit under this Subsection [
6466 [
6467 in Subsection [
6468 for members and their surviving spouses covered under [
6469
6470 [
6471 [
6472 [
6473 program.
6474 [
6475 (1) and [
6476 [
6477 [
6478 [
6479 [
6480 Section 193. Section 49-20-405 , which is renumbered from Section 49-8-404 is
6481 renumbered and amended to read:
6482 [
6483 The Insurance Department shall biennially audit [
6484 Fund and programs authorized under this chapter and report its findings to the governor and the
6485 Legislature, but the commissioner may accept the annual audited statement of the programs under
6486 this chapter in lieu of the biennial audit requirement.
6487 Section 194. Section 49-20-406 , which is renumbered from Section 49-8-405 is
6488 renumbered and amended to read:
6489 [
6490 (1) As used in this section:
6491 (a) "Children" includes stepchildren and legally adopted children.
6492 (b) "Line-of-duty death" means a death resulting from external force or violence
6493 occasioned by an act of duty as an employee.
6494 (2) The beneficiary of [
6495 and who dies in the line of duty shall receive:
6496 (a) the proceeds of a group term life insurance policy in the amount of $50,000 to be
6497 purchased by the [
6498 (b) [
6499 covers the [
6500 (i) surviving spouse until remarriage or becoming eligible for Medicare, whichever comes
6501 first; and
6502 (ii) unmarried children up to the age of 26.
6503 (3) Any [
6504 (2).
6505 Section 195. Section 49-21-101 , which is renumbered from Section 49-9-101 is
6506 renumbered and amended to read:
6507
6508
6509 [
6510 This chapter is known as the "[
6511 Section 196. Section 49-21-102 , which is renumbered from Section 49-9-103 is
6512 renumbered and amended to read:
6513 [
6514 As used in this chapter:
6515 (1) "Date of disability" means the date on which a period of continuous disability
6516 commences, and may not commence on or before the last day of actual work.
6517 [
6518
6519
6520
6521
6522
6523 [
6524 period of total disability for which no benefit will be paid and commences with the date of
6525 disability.
6526 [
6527 (3) (a) "Eligible employee" means:
6528 (i) any regular full-time employee [
6529
6530
6531 defined under Section 49-14-102 or 49-15-102 , or judge as defined under Section 49-17-102 or
6532 49-18-102 , whose employer provides coverage under this chapter, or the governor of the state; and
6533 (ii) an employee who is covered by a retirement program offered by the Teachers'
6534 Insurance and Annuity Association of America, if the employee's employer provides coverage
6535 under this chapter; and
6536 (b) "Eligible employee" does not include any employee that is exempt from coverage under
6537 Section 49-21-201 .
6538 [
6539 disability income benefit will be paid under Section 49-21-403 for any continuous period of total
6540 disability.
6541 [
6542
6543
6544
6545
6546 (5) "Monthly disability benefit" means the monthly payments and accrual of service credit
6547 under Section 49-21-401 and health insurance reimbursements paid under Section 49-21-408 , or
6548 any combination of them.
6549 (6) "Objective medical impairment" means an impairment resulting from an injury or
6550 illness which is diagnosed by a physician and which is based on accepted objective medical tests
6551 or findings rather than subjective complaints.
6552 (7) "Physician" means a [
6553 (8) "Regular monthly salary" means the amount certified by the participating employer as
6554 the monthly salary of the eligible employee, unless there is a discrepancy between the certified
6555 amount and the amount actually paid, in which case the office shall determine the regular monthly
6556 salary.
6557 (9) "Regular occupation" means either the primary duties performed by the eligible
6558 employee for the twelve months preceding the date of disability, or a permanent assignment of
6559 duty to the eligible employee.
6560 [
6561 employment for wage or profit, for which the eligible employee is reasonably qualified [
6562 perform based on education, training, or experience[
6563 to perform [
6564 [
6565 [
6566 mental, to engage in the eligible employee's regular occupation during the elimination period and
6567 the first 24 months of disability benefits. [
6568 (b) "Total disability" means, after the elimination period and the first 24 months of
6569 disability benefits, the complete inability, based solely on [
6570 physical objective medical impairment, to engage in any gainful occupation which is reasonable,
6571 considering the eligible employee's education, training, and experience. [
6572
6573
6574 Section 197. Section 49-21-103 , which is renumbered from Section 49-9-201 is
6575 renumbered and amended to read:
6576 [
6577 There is created for eligible employees [
6578
6579 Long-Term Disability Program."
6580 Section 198. Section 49-21-104 , which is renumbered from Section 49-9-202 is
6581 renumbered and amended to read:
6582 [
6583 (1) There is created the "Public Employees' Long-Term Disability Trust Fund" for the
6584 purpose of paying the benefits and costs of administering this program.
6585 (2) The fund shall consist of all money and interest paid into it in accordance with this
6586 chapter, whether in the form of cash, securities, or other assets, and of all money received from any
6587 other source.
6588 (3) Custody, management, and investment of the fund shall be governed by [
6589 Chapter [
6590 Section 199. Section 49-21-105 , which is renumbered from Section 49-9-102 is
6591 renumbered and amended to read:
6592 [
6593 (1) The purpose of this chapter is to provide long-term disability benefits for eligible
6594 employees [
6595
6596
6597
6598
6599 (2) The program shall be administered by the [
6600
6601 Section 200. Section 49-21-201 , which is renumbered from Section 49-9-203 is
6602 renumbered and amended to read:
6603
6604 [
6605 [
6606 (2) Except as provided under Subsections (5), (6), and (7), all other employers
6607 [
6608 their eligible employees under this chapter[
6609
6610 [
6611 chapter, all of [
6612
6613 [
6614
6615 this chapter.
6616 (5) Firefighter service employees, as defined under Section 49-16-102 , are not eligible for
6617 coverage under this chapter.
6618 (6) Public safety service employees, as defined in Sections 49-14-102 and 49-15-102 , who
6619 are covered under a long-term disability program offered by an employer which is substantially
6620 similar to this program are not eligible for coverage under this chapter.
6621 (7) Legislators are not eligible for coverage under this chapter.
6622 Section 201. Section 49-21-301 , which is renumbered from Section 49-9-301 is
6623 renumbered and amended to read:
6624
6625 [
6626 rate.
6627 (1) During each legislative session, the board shall certify to the Legislature the employer
6628 paid premium rate expressed as a percentage of salary which is required to fund the Public
6629 Employees' Long-Term Disability Trust Fund.
6630 (2) Upon the board's recommendation, the Legislature shall adjust the premium rate to
6631 maintain adequate funding for the [
6632 Trust Fund.
6633 Section 202. Section 49-21-401 , which is renumbered from Section 49-9-401 is
6634 renumbered and amended to read:
6635
6636 [
6637 [
6638
6639 [
6640
6641 [
6642
6643 [
6644
6645
6646 (1) An eligible employee shall apply for long-term disability benefits under this chapter
6647 by:
6648 (a) completing an application form prepared by the office;
6649 (b) signing a consent form allowing the office access to the eligible employee's medical
6650 records; and
6651 (c) providing any documentation or information reasonably requested by the office.
6652 (2) Upon request by the office, the participating employer of the eligible employee shall
6653 provide to the office documentation and information concerning the eligible employee.
6654 (3) The office shall review all relevant information and determine whether or not the
6655 eligible employee is totally disabled.
6656 (4) If the office determines that the eligible employee is totally disabled due to accidental
6657 bodily injury or physical illness which is not the result of the performance of an employment duty,
6658 the eligible employee shall receive a monthly disability benefit equal to 2/3 of the eligible
6659 employee's regular monthly salary, for each month the total disability continues beyond the
6660 elimination period, not to exceed the maximum benefit period.
6661 (5) If the office determines that the eligible employee is totally disabled due to psychiatric
6662 illness, the eligible employee shall receive:
6663 (a) a maximum of two years of monthly disability benefits equal to 2/3 of the eligible
6664 employee's regular monthly salary for each month the total disability continues beyond the
6665 elimination period;
6666 (b) a maximum of $10,000 for psychiatric expenses, including rehabilitation expenses
6667 approved by the office's consultants, paid during the period of monthly disability benefits; and
6668 (c) payment of monthly disability benefits according to contractual provisions for a period
6669 not to exceed five years if the eligible employee is institutionalized due to psychiatric illness.
6670 (6) If the office determines that the eligible employee is totally disabled due to a physical
6671 injury resulting from external force or violence as a result of the performance of an employment
6672 duty, the eligible employee shall receive a monthly disability benefit equal to 100% of the eligible
6673 employee's regular monthly salary, for each month the total disability continues beyond the
6674 elimination period, not to exceed the maximum benefit period.
6675 [
6676 continuous period of disability if the period of disability:
6677 (i) results from the same or related causes[
6678 (ii) is separated by less than six months of continuous full-time work at the individual's
6679 usual place of employment[
6680 (iii) commences while the individual is an eligible employee covered by this chapter[
6681
6682 (b) The inability to work for a period of less than 15 consecutive days [
6683 considered as a period of disability. [
6684 (c) If Subsection (7)(a) or (b) does not apply, successive periods of disability [
6685 considered as separate periods of disability.
6686 [
6687 disability examined by a physician chosen by the [
6688 employee is totally disabled[
6689 [
6690 (9) A claim brought by an eligible employee for long-term disability benefits under the
6691 Public Employee's Long-Term Disability Program is barred if it is not commenced within one year
6692 from the eligible employee's date of disability[
6693
6694
6695
6696 circumstances, the eligible employee's failure to comply with the time limitations was reasonable.
6697 [
6698
6699 [
6700 enrollment [
6701 year of continuous enrollment in the Public Employees Long-Term Disability Program.
6702 (11) If there is a valid benefit protection contract, service credit shall accrue during the
6703 period of total disability, unless the disabled eligible employee is exempted from a system, or is
6704 otherwise ineligible for service credit.
6705 Section 203. Section 49-21-402 , which is renumbered from Section 49-9-402 is
6706 renumbered and amended to read:
6707 [
6708 other benefits required.
6709 [
6710
6711
6712
6713 [
6714 (1) A monthly disability benefit may not be [
6715 disability unless the eligible employee is under the [
6716 physician other than the eligible employee.
6717 (2) The monthly disability [
6718 or [
6719 during which the eligible employee is entitled to receive [
6720 (a) Social Security disability benefits, including all benefits received by the eligible
6721 employee, the eligible employee's spouse, and the eligible employee's dependent children[
6722
6723
6724
6725 (b) workers' compensation indemnity benefits;
6726 [
6727 [
6728 [
6729
6730 [
6731
6732 [
6733 liable to the employee for the disability; [
6734 [
6735 (e) automobile no-fault, medical payments, or similar insurance payments; and
6736 (f) any other disability benefits resulting from the disability for which benefits are being
6737 received under this chapter.
6738 (3) The monthly disability benefit shall be reduced by any amount in excess of 1/3 of the
6739 eligible employee's regular monthly salary received by, or payable to, the eligible employee from
6740 the following sources for the same period of time during which the eligible employee is entitled
6741 to receive a monthly disability benefit:
6742 (a) any employer-sponsored retirement programs; and
6743 (b) any disability benefit resulting from the disability for which benefits are being received
6744 under this chapter.
6745 (4) Cost-of-living increases to any of the benefits listed in Subsection (2) may not be
6746 considered in calculating a reduction to the monthly disability benefit.
6747 [
6748 more of the sources under Subsection (2) [
6749
6750 [
6751 employee shall first apply for all disability benefits from governmental entities under Subsection
6752 (2) to which the eligible employee is or may be entitled, and provide to the office evidence of the
6753 applications.
6754 (b) The eligible employee shall also first apply at the earliest eligible age for all unreduced
6755 retirement benefits to which the eligible employee is or may be entitled, and provide to the office
6756 evidence of the application.
6757 [
6758 (c) If the eligible employee fails to make application under Subsection (6)(a) or (b), the
6759 monthly disability benefit shall be suspended.
6760 [
6761
6762
6763 Section 204. Section 49-21-403 , which is renumbered from Section 49-9-403 is
6764 renumbered and amended to read:
6765 [
6766 retirement benefit.
6767 (1) [
6768 credit under a system, including an eligible employee who relinquishes rights to retirement benefits
6769 [
6770 disability [
6771 of:
6772 (a) the date the [
6773
6774 (i) 20 years of service credit if the [
6775
6776 Safety Noncontributory Retirement [
6777 (ii) 25 years of service credit if the [
6778 17, Judges' Contributory Retirement Act, or Chapter 18, Judges' Noncontributory Retirement Act;
6779 or
6780 (iii) 30 years of service credit if the [
6781
6782 Employees' Noncontributory Retirement [
6783 (b) the [
6784 benefit for the following applicable time periods:
6785 (i) if the [
6786 benefit is payable until age 65;
6787 (ii) if the [
6788 the monthly disability [
6789 (iii) if the [
6790 the monthly disability [
6791 (iv) if the [
6792 the monthly disability [
6793 (v) if the [
6794 disability, the monthly disability [
6795 (vi) if the [
6796 disability, the monthly disability benefit is payable for one year.
6797 (2) (a) Upon termination of a monthly disability [
6798 employee [
6799 which covered the eligible employee [
6800 (b) The final average salary used in the calculation of the [
6801 shall be based on the annual rate of pay [
6802 annual cost-of-living increase factor applied to [
6803 covered the eligible employee [
6804
6805 (3) An eligible employee who is [
6806
6807
6808 the eligible employee would have received by [
6809 in the system covering the eligible employee on the date of disability, except for the accrual of
6810 service credit, in accordance with this title.
6811 (4) An eligible employee receiving a monthly disability [
6812
6813 [
6814 for retirement, unless the eligible employee would receive a greater [
6815 by combining [
6816 (5) A monthly disability benefit payable to an eligible employee who is not eligible for
6817 service credit under a system shall terminate at the earliest of:
6818 (a) the date the eligible employee is eligible for an unreduced retirement benefit; or
6819 (b) the date the eligible employee has received a monthly disability benefit for the
6820 applicable time period as set forth in Subsection (1)(b).
6821 Section 205. Section 49-21-404 , which is renumbered from Section 49-9-404 is
6822 renumbered and amended to read:
6823 [
6824 (1) (a) An eligible employee receiving a monthly disability [
6825 an annual adjustment on the [
6826 period to reflect [
6827 United States Bureau of Labor Statistics Consumer Price Index average as determined by the
6828 board. [
6829 (b) This adjustment [
6830 made to [
6831 the date of disability.
6832 (2) If an employee is not eligible for service credit under a system, the annual adjustment
6833 shall be equal to the adjustment calculated under Section 49-13-407 .
6834 Section 206. Section 49-21-405 , which is renumbered from Section 49-9-405 is
6835 renumbered and amended to read:
6836 [
6837 [
6838 benefit is not payable for the following:
6839 (1) self-inflicted injury;
6840 [
6841
6842 [
6843 [
6844 (3) substance abuse;
6845 [
6846 employee[
6847 (5) the eligible employee committing or attempting to commit a felony or other illegal act.
6848 Section 207. Section 49-21-406 , which is renumbered from Section 49-9-407 is
6849 renumbered and amended to read:
6850 [
6851 specialist -- Maintaining eligibility -- Additional treatment and care.
6852 (1) (a) If an eligible employee, following a period of total disability for which the monthly
6853 disability benefit is payable, engages in approved rehabilitative employment, the monthly disability
6854 benefit otherwise payable shall be reduced by an amount equal to 50% of the [
6855 income to which the eligible employee is entitled for the employment during the month.
6856 (b) This benefit [
6857 maximum benefit period, whichever occurs first.
6858 (2) (a) Each [
6859 interviewed [
6860
6861
6862
6863
6864 [
6865
6866
6867
6868
6869
6870 (b) The office may refer the eligible employee to a disability specialist for a review of the
6871 eligible employee's condition and a written rehabilitation plan.
6872 (3) If an eligible employee receiving a monthly disability benefit fails to participate in an
6873 office-approved rehabilitation program within the limitations set forth by a physician, the monthly
6874 disability benefit may be suspended or terminated.
6875 (4) The [
6876 paying a monthly disability benefit, require that the eligible employee receive [
6877 care and treatment [
6878 if that treatment is reasonable or usual according to current medical practices.
6879 Section 208. Section 49-21-407 , which is renumbered from Section 49-9-409 is
6880 renumbered and amended to read:
6881 [
6882 disability -- Limitations.
6883 [
6884
6885
6886 [
6887
6888
6889
6890 Beginning on the 25th month following the date of disability, the Public Employees'
6891 Long-Term Disability Trust Fund shall pay the cost of the health insurance coverage in effect at
6892 the time of disability up to the amount the state would have paid by participating in the Preferred
6893 Care Program offered by the Group Insurance Division under Chapter 20, Public Employees'
6894 Insurance Program Act.
6895 Section 209. Section 51-7-4 is amended to read:
6896 51-7-4. Transfer of functions, powers, and duties relating to public funds to state
6897 treasurer -- Exceptions -- Deposit of income from investment of state money.
6898 (1) Unless otherwise required by the Utah Constitution or applicable federal law, the
6899 functions, powers, and duties vested by law in each and every state officer, board, commission,
6900 institution, department, division, agency, and other similar instrumentalities relating to the deposit,
6901 investment, or reinvestment of public funds, and the purchase, sale, or exchange of any
6902 investments or securities of or for any funds or accounts under the control and management of
6903 these instrumentalities, are transferred to and shall be exercised by the state treasurer, except:
6904 (a) funds assigned to the Utah State Retirement Board for investment under Section
6905 [
6906 (b) funds of member institutions of the state system of higher education:
6907 (i) acquired by gift, devise, or bequest, or by federal or private contract or grant;
6908 (ii) derived from student fees or from income from operations of auxiliary enterprises,
6909 which fees and income are pledged or otherwise dedicated to the payment of interest and principal
6910 of bonds issued by such institutions; and
6911 (iii) any other funds which are not included in the institution's work program as approved
6912 by the State Board of Regents;
6913 (c) funds of the Utah Technology Finance Corporation;
6914 (d) inmate funds as provided in Section 64-13-23 or in Title 64, Chapter 9b, Work
6915 Programs for Prisoners;
6916 (e) trust funds established by judicial order;
6917 (f) funds of the Workers' Compensation Fund; and
6918 (g) funds of the Utah Housing Finance Agency.
6919 (2) All public funds held or administered by the state or any of its boards, commissions,
6920 institutions, departments, divisions, agencies, or similar instrumentalities and not transferred to the
6921 state treasurer as provided by this section shall be:
6922 (a) deposited and invested by the custodian in accordance with this chapter, unless
6923 otherwise required by statute or by applicable federal law; and
6924 (b) reported to the state treasurer in a form prescribed by the state treasurer.
6925 (3) Unless otherwise provided by the constitution or laws of this state or by contractual
6926 obligation, the income derived from the investment of state money by the state treasurer shall be
6927 deposited in and become part of the General Fund.
6928 Section 210. Section 53-6-107 is amended to read:
6929 53-6-107. General duties of council.
6930 (1) The council shall:
6931 (a) advise the director regarding:
6932 (i) the approval, certification, or revocation of certification of any certified academy
6933 established in the state;
6934 (ii) the refusal, suspension, or revocation of certification of a peace officer;
6935 (iii) minimum courses of study, attendance requirements, and the equipment and facilities
6936 to be required at a certified academy;
6937 (iv) minimum qualifications for instructors at a certified academy;
6938 (v) the minimum basic training requirements that peace officers shall complete before
6939 receiving certification;
6940 (vi) the minimum basic training requirements that dispatchers shall complete before
6941 receiving certification; and
6942 (vii) categories or classifications of advanced in-service training programs and minimum
6943 courses of study and attendance requirements for the categories or classifications;
6944 (b) recommend that studies, surveys, or reports, or all of them be made by the director
6945 concerning the implementation of the objectives and purposes of this chapter;
6946 (c) make recommendations and reports to the commissioner and governor from time to
6947 time; and
6948 (d) perform other acts as necessary to carry out the duties of the council in this chapter.
6949 (2) The council may approve special function officers for membership in the Public Safety
6950 Retirement System in accordance with Sections [
6951 Section 211. Section 53-7-105 is amended to read:
6952 53-7-105. State fire marshal, deputies, and investigators -- Status of law enforcement
6953 officers -- Inclusion in Public Safety Retirement -- Training.
6954 (1) The state fire marshal, his deputies, and investigators, for the purpose of enforcing and
6955 investigating violations of fire related statutes and ordinances, have the status of law enforcement
6956 officers.
6957 (2) Inclusion under Title 49, Chapter [
6958 or Title 49, Chapter [
6959 Subsection (1) except as provided in those chapters.
6960 (3) The commissioner, with the concurrence of the Peace Officer Standards and Training
6961 Advisory Board may require peace officer standards and training for the state fire marshal, his
6962 deputies, and investigators.
6963 Section 212. Section 53-13-108 is amended to read:
6964 53-13-108. Retirement.
6965 Eligibility for coverage under the Public Safety Contributory Retirement System or Public
6966 Safety Noncontributory Retirement System for persons and political subdivisions included in this
6967 chapter is governed by Title 49, Chapter [
6968 Chapter [
6969 Section 213. Section 53A-17a-125 is amended to read:
6970 53A-17a-125. Appropriation for retirement and Social Security.
6971 (1) There is appropriated to the State Board of Education for the fiscal year beginning July
6972 1, 2001, $214,685,479 for retirement and Social Security costs.
6973 (2) The employee's retirement contribution shall be 1% for employees who are under the
6974 state's contributory retirement program.
6975 (3) The employer's contribution under the state's contributory retirement program is
6976 determined under Section [
6977 (2).
6978 (4) The employer-employee contribution rate for employees who are under the state's
6979 noncontributory retirement program is determined under Section [
6980 Section 214. Section 63-95-102 is amended to read:
6981 63-95-102. Definitions.
6982 For purposes of this chapter:
6983 (1) "Asset" means property of all kind, real and personal, tangible and intangible, and
6984 includes:
6985 (a) cash, except reasonable compensation or salary for services rendered;
6986 (b) stock or other investments;
6987 (c) goodwill;
6988 (d) real property;
6989 (e) an ownership interest;
6990 (f) a license;
6991 (g) a cause of action; and
6992 (h) any similar property.
6993 (2) "Authorizing statutes" means the statutes creating an entity as a quasi-governmental
6994 entity.
6995 (3) "Business interest" means:
6996 (a) holding the position of trustee, director, officer, or other similar position with a
6997 business entity; or
6998 (b) the ownership, either legally or equitably, of at least 10% of the outstanding shares of
6999 a corporation or 10% interest in any other business entity, being held by:
7000 (i) an individual;
7001 (ii) the individual's spouse;
7002 (iii) a minor child of the individual; or
7003 (iv) any combination of Subsections (3)(b)(i) through (iii).
7004 (4) "Committee" means the Legislative Quasi-Governmental Entities Committee created
7005 in Section 63-95-201 .
7006 (5) "Government requestor" means:
7007 (a) the governor;
7008 (b) an executive branch officer other than the governor;
7009 (c) an executive branch agency;
7010 (d) a legislator, including a legislative sponsor of legislation creating a quasi-governmental
7011 entity; or
7012 (e) a legislative committee.
7013 (6) "Interested party" means a person that held or holds the position of trustee, director,
7014 officer, or other similar position with a quasi-governmental entity within:
7015 (a) five years prior to the date of an action described in Subsection (8); or
7016 (b) during the privatization of a quasi-governmental entity.
7017 (7) "Lobbyist" is a person that provided or provides services as a lobbyist, as defined in
7018 Section 36-11-102 , within:
7019 (a) five years prior to the date of an action described in Subsection (8); or
7020 (b) during the privatization of a quasi-governmental entity.
7021 (8) (a) "Privatized" means an action described in Subsection (8)(b) taken under
7022 circumstances in which the operations of the quasi-governmental entity are continued by a
7023 successor entity that:
7024 (i) is privately owned;
7025 (ii) is unaffiliated to the state; and
7026 (iii) receives any asset of the quasi-governmental entity.
7027 (b) An action referred to in Subsection (8)(a) includes:
7028 (i) the repeal of the authorizing statute of a quasi-governmental entity and the revision to
7029 state laws to terminate the relationship between the state and the quasi-governmental entity;
7030 (ii) the dissolution of the quasi-governmental entity;
7031 (iii) the merger or consolidation of the quasi-governmental entity with another entity; or
7032 (iv) the sale of all or substantially all of the assets of the quasi-governmental entity.
7033 (9) (a) "Quasi-governmental entity" means an entity that:
7034 (i) is created by the state or is given by the state the right to exist and conduct its affairs
7035 as a quasi-governmental entity:
7036 (A) to serve a public purpose; and
7037 (B) to meet a need that cannot be met through a private business; and
7038 (ii) is designated by the state as:
7039 (A) an independent state agency;
7040 (B) an independent public corporation;
7041 (C) a quasi-public corporation; or
7042 (D) a term similar to that described in Subsections (9)(a)(ii)(A) through (C).
7043 (b) "Quasi-governmental entity" includes the:
7044 (i) Dairy Commission created in Title 4, Chapter 22, Dairy Promotion Act;
7045 (ii) Utah Technology Finance Corporation created in Title 9, Chapter 13, Utah Technology
7046 and Small Business Finance Act;
7047 (iii) Heber Valley Railroad Authority created in Title 9, Chapter 3, Part 3, Heber Valley
7048 Historic Railroad Authority;
7049 (iv) Utah Science Center Authority created in Title 9, Chapter 3, Part 4, Utah Science
7050 Center Authority;
7051 (v) Utah Housing [
7052 Housing [
7053 (vi) Utah State Fair Corporation created in Title 9, Chapter 4, Part 11, Utah State Fair
7054 Corporation Act;
7055 (vii) Workers' Compensation Fund created in Title 31A, Chapter 33, Workers'
7056 Compensation Fund;
7057 (viii) Utah State Retirement Office created in Title 49, Chapter [
7058
7059 (ix) School and Institutional Trust Lands Administration created in Title 53C, Chapter 1,
7060 Part 2, School and Institutional Trust Lands Administration; and
7061 (x) Utah Communications Agency Network created in Title 63C, Chapter 7, Utah
7062 Communications Agency Network Act.
7063 (c) Notwithstanding Subsection (9)(a), "quasi-governmental entity" does not include:
7064 (i) the Public Service Commission of Utah created in Section 54-1-1 ;
7065 (ii) an institution within the state system of higher education;
7066 (iii) a city, county, or town;
7067 (iv) a local school district;
7068 (v) a special district created under the authority of Title 17A, Special Districts; or
7069 (vi) a local district created under the authority of Title 17B, Limited Purpose Local
7070 Government Entities.
7071 Section 215. Section 63-95-202 is amended to read:
7072 63-95-202. Duties of the committee.
7073 (1) The committee shall:
7074 (a) study the scope of this chapter and determine what entities should be treated under this
7075 chapter as quasi-governmental entities;
7076 (b) study the provisions of the Utah Code that govern each quasi-governmental entity
7077 including whether or not there should be consistency in these provisions;
7078 (c) study what provisions of the Utah Code, if any, from which each quasi-governmental
7079 entity should be exempted;
7080 (d) study whether or not the state should receive services from or provide services to each
7081 quasi-governmental entity;
7082 (e) request and hear reports from each quasi-governmental entity;
7083 (f) review the annual audit of each quasi-governmental entity that is performed in
7084 accordance with the statutes governing the quasi-governmental entity;
7085 (g) comply with Part 3, Creation of Quasi-Governmental Entity, in reviewing a proposal
7086 to create a new quasi-governmental entity;
7087 (h) if the committee recommends a change in the organizational status of a
7088 quasi-governmental entity as provided in Subsection (2) and subject to Part 4, Privatization of
7089 Quasi-Governmental Entities, recommend the appropriate method of changing the organizational
7090 status of the quasi-governmental entity;
7091 (i) study the following concerning an entity created by local agreement under Title 11,
7092 Chapter 13, Interlocal Cooperation Act, if the state is a party to the agreement creating the entity:
7093 (i) whether or not the entity should be subject to this chapter;
7094 (ii) whether or not the state should receive services from or provide services to the entity;
7095 (iii) reporting and audit requirements for the entity; and
7096 (iv) the need, if any, to modify statutes related to the entity; and
7097 (j) report annually to the Legislative Management Committee by no later than the
7098 Legislative Management Committee's November meeting.
7099 (2) The committee may:
7100 (a) establish a form for any report required under Subsection (1);
7101 (b) make recommendations to the Legislature concerning the organizational status of a
7102 quasi-governmental entity;
7103 (c) advise the Legislature concerning issues involving quasi-governmental entities; and
7104 (d) study issues related to the implementation of Title 49, Utah State Retirement and
7105 Insurance Benefit Act.
7106 Section 216. Section 63E-1-102 (Effective 07/01/02) is amended to read:
7107 63E-1-102 (Effective 07/01/02). Definitions.
7108 As used in this title:
7109 (1) "Authorizing statute" means the statute creating an entity as an independent entity.
7110 (2) "Committee" means the Legislative Independent Entities Committee created in Section
7111 63E-1-201 .
7112 (3) "Independent corporation" means a corporation incorporated in accordance with
7113 Chapter 2, Independent Corporations Act.
7114 (4) (a) "Independent entity" means an entity having a public purpose relating to the state
7115 or its citizens that is individually created by the state or is given by the state the right to exist and
7116 conduct its affairs as an:
7117 (i) independent state agency; or
7118 (ii) independent corporation.
7119 (b) "Independent entity" includes the:
7120 (i) Dairy Commission created in Title 4, Chapter 22, Dairy Promotion Act;
7121 (ii) Utah Technology Finance Corporation created in Title 9, Chapter 13, Utah Technology
7122 and Small Business Finance Act;
7123 (iii) Heber Valley Railroad Authority created in Title 9, Chapter 3, Part 3, Heber Valley
7124 Historic Railroad Authority;
7125 (iv) Utah Science Center Authority created in Title 9, Chapter 3, Part 4, Utah Science
7126 Center Authority;
7127 (v) Utah Housing [
7128 Housing [
7129 (vi) Utah State Fair Corporation created in Title 9, Chapter 4, Part 11, Utah State Fair
7130 Corporation Act;
7131 (vii) Workers' Compensation Fund created in Title 31A, Chapter 33, Workers'
7132 Compensation Fund;
7133 (viii) Utah State Retirement Office created in Title 49, Chapter [
7134
7135 (ix) School and Institutional Trust Lands Administration created in Title 53C, Chapter 1,
7136 Part 2, School and Institutional Trust Lands Administration; and
7137 (x) Utah Communications Agency Network created in Title 63C, Chapter 7, Utah
7138 Communications Agency Network Act.
7139 (c) Notwithstanding this Subsection (4), "independent entity" does not include:
7140 (i) the Public Service Commission of Utah created in Section 54-1-1 ;
7141 (ii) an institution within the state system of higher education;
7142 (iii) a city, county, or town;
7143 (iv) a local school district;
7144 (v) a special district created under the authority of Title 17A, Special Districts; or
7145 (vi) a local district created under the authority of Title 17B, Limited Purpose Local
7146 Government Entities.
7147 (5) "Independent state agency" means an entity that is created by the state, but is
7148 independent of the governor's direct supervisory control.
7149 (6) "Monies held in trust" means monies maintained for the benefit of:
7150 (a) one or more private individuals, including public employees;
7151 (b) one or more public or private entities; or
7152 (c) the owners of a quasi-public corporation.
7153 (7) "Public corporation" means an artificial person, public in ownership, individually
7154 created by the state as a body politic and corporate for the administration of a public purpose
7155 relating to the state or its citizens.
7156 (8) "Quasi-public corporation" means an artificial person, private in ownership,
7157 individually created as a corporation by the state which has accepted from the state the grant of a
7158 franchise or contract involving the performance of a public purpose relating to the state or its
7159 citizens.
7160 Section 217. Section 63E-1-202 (Effective 07/01/02) is amended to read:
7161 63E-1-202 (Effective 07/01/02). Duties of the committee.
7162 (1) The committee shall:
7163 (a) study the scope of this title and determine what entities should be treated under this title
7164 as independent entities;
7165 (b) study the provisions of the Utah Code that govern each independent entity, including
7166 whether or not there should be consistency in these provisions;
7167 (c) study what provisions of the Utah Code, if any, from which each independent entity
7168 should be exempted;
7169 (d) study whether or not the state should receive services from or provide services to each
7170 independent entity;
7171 (e) request and hear reports from each independent entity;
7172 (f) review the annual audit of each independent entity that is performed in accordance with
7173 the statutes governing the independent entity;
7174 (g) comply with Part 3, Creation of Independent Entities, in reviewing a proposal to create
7175 a new independent entity;
7176 (h) if the committee recommends a change in the organizational status of an independent
7177 entity as provided in Subsection (2) and subject to Part 4, Privatization of Independent Entities,
7178 recommend the appropriate method of changing the organizational status of the independent entity;
7179 (i) study the following concerning an entity created by local agreement under Title 11,
7180 Chapter 13, Interlocal Cooperation Act, if the state is a party to the agreement creating the entity:
7181 (i) whether or not the entity should be subject to this chapter;
7182 (ii) whether or not the state should receive services from or provide services to the entity;
7183 (iii) reporting and audit requirements for the entity; and
7184 (iv) the need, if any, to modify statutes related to the entity;
7185 (j) make a recommendation on the organizational status of each independent entity prior
7186 to the 2002 General Session; and
7187 (k) report annually to the Legislative Management Committee by no later than the
7188 Legislative Management Committee's November meeting.
7189 (2) The committee may:
7190 (a) establish a form for any report required under Subsection (1);
7191 (b) make recommendations to the Legislature concerning the organizational status of an
7192 independent entity;
7193 (c) advise the Legislature concerning issues involving independent entities; and
7194 (d) study issues related to the implementation of Title 49, Utah State Retirement and
7195 Insurance Benefit Act.
7196 Section 218. Section 67-8-3 is amended to read:
7197 67-8-3. Compensation plan for appointive officers -- Exceptions -- Legislative
7198 approval -- Career status attorneys.
7199 (1) (a) The director of the Department of Human Resource Management, based upon
7200 recommendations of the Executive and Judicial Compensation Commission shall, before October
7201 31 of each year, recommend to the governor a compensation plan for appointed officers of the state
7202 except those officers whose compensation is set under Section [
7203 53B-1-105 , or 53C-1-301 .
7204 (b) The plan shall include salaries and wages, paid leave, group insurance plans, retirement
7205 programs, and any other benefits that may be offered to state officers.
7206 (2) The governor shall include in each annual budget proposal to the Legislature specific
7207 recommendations on compensation for those appointed state officers in Subsection (1).
7208 (3) (a) After consultation with the attorney general, the director of the Department of
7209 Human Resource Management shall place career status attorneys on a state salary schedule at a
7210 range comparable with salaries paid attorneys in private and other public employment.
7211 (b) The attorney general and the director shall take into consideration the experience of
7212 the attorney, length of service with the Office of the Attorney General, quality of performance, and
7213 responsibility involved in legal assignments.
7214 (c) The attorney general and the director shall periodically adjust the salary levels for
7215 attorneys in a career status to reasonably compensate them for full-time employment and the
7216 restrictions placed on the private practice of law.
7217 Section 219. Section 67-20-7 is amended to read:
7218 67-20-7. Workers' compensation benefits for volunteer firefighters.
7219 (1) In addition to the purposes set out in Subsections 67-20-3 (2) and (3), a volunteer
7220 firefighter, as defined in Section [
7221 purpose of receiving workers' compensation benefits under Title [
7222 Workers' Compensation and Chapter [
7223 (2) These benefits are the exclusive remedy for all injuries and occupational diseases
7224 resulting from his services as a volunteer firefighter. Compensation shall be computed as indicated
7225 in Section [
7226 Section 220. Section 67-22-1 is amended to read:
7227 67-22-1. Compensation -- Constitutional offices.
7228 (1) The Legislature fixes salaries for the constitutional offices as follows:
7229 (a) Governor $100,600
7230 (b) Lieutenant Governor $78,200
7231 (c) Attorney General $84,600
7232 (d) State Auditor $80,700
7233 (e) State Treasurer $78,200
7234 (2) The Legislature fixes benefits for the constitutional offices as follows:
7235 (a) Governor:
7236 (i) a vehicle for official and personal use;
7237 (ii) housing;
7238 (iii) household and security staff;
7239 (iv) household expenses;
7240 (v) retirement benefits as provided in Title 49;
7241 (vi) health insurance;
7242 (vii) dental insurance;
7243 (viii) basic life insurance;
7244 (ix) workers' compensation;
7245 (x) required employer contribution to Social Security;
7246 (xi) long-term disability income insurance; and
7247 (xii) the same additional state paid life insurance available to other noncareer service
7248 employees.
7249 (b) Lieutenant governor, attorney general, state auditor, and state treasurer:
7250 (i) a vehicle for official and personal use;
7251 (ii) the option of participating in a state retirement system established by Title 49, Chapter
7252 [
7253 Noncontributory Retirement Act, or in a deferred compensation plan administered by the State
7254 Retirement Office, in accordance with the Internal Revenue Code and its accompanying rules and
7255 regulations;
7256 (iii) health insurance;
7257 (iv) dental insurance;
7258 (v) basic life insurance;
7259 (vi) workers' compensation;
7260 (vii) required employer contribution to Social Security;
7261 (viii) long-term disability income insurance; and
7262 (ix) the same additional state paid life insurance available to other noncareer service
7263 employees.
7264 (c) Each constitutional office shall pay the cost of the additional state-paid life insurance
7265 for its constitutional officer from its existing budget.
7266 Section 221. Section 67-22-2 is amended to read:
7267 67-22-2. Compensation -- Other state officers.
7268 (1) The governor shall establish salaries for the following state officers within the
7269 following salary ranges fixed by the Legislature:
7270 State Officer Salary Range
7271 Commissioner of Agriculture and Food $64,600 - $87,500
7272 Commissioner of Insurance $64,600 - $87,500
7273 Commissioner of the Labor Commission $64,600 - $87,500
7274 Director, Alcoholic Beverage Control
7275 Commission $64,600 - $87,500
7276 Commissioner, Department of
7277 Financial Institutions $64,600 - $87,500
7278 Members, Board of Pardons and Parole $64,600 - $87,500
7279 Executive Director, Department
7280 of Commerce $64,600 - $87,500
7281 Executive Director, Commission on
7282 Criminal and Juvenile Justice $64,600 - $87,500
7283 Adjutant General $64,600 - $87,500
7284 Chair, Tax Commission $69,900 - $94,300
7285 Commissioners, Tax Commission $69,900 - $94,300
7286 Executive Director, Department of
7287 Community and Economic
7288 Development $69,900 - $94,300
7289 Executive Director, Tax Commission $69,900 - $94,300
7290 Chair, Public Service Commission $69,900 - $94,300
7291 Commissioner, Public Service Commission $69,900 - $94,300
7292 Executive Director, Department
7293 of Corrections $76,000 - $102,600
7294 Commissioner, Department of Public Safety $76,000 - $102,600
7295 Executive Director, Department of
7296 Natural Resources $76,000 - $102,600
7297 Director, Office of Planning
7298 and Budget $76,000 - $102,600
7299 Executive Director, Department of
7300 Administrative Services $76,000 - $102,600
7301 Executive Director, Department of
7302 Human Resource Management $76,000 - $102,600
7303 Executive Director, Department of
7304 Environmental Quality $76,000 - $102,600
7305 State Olympic Officer $82,800 - $111,800
7306 Executive Director, Department of
7307 Workforce Services $82,800 - $111,800
7308 Executive Director, Department of
7309 Health $82,800 - $111,800
7310 Executive Director, Department
7311 of Human Services $82,800 - $111,800
7312 Executive Director, Department
7313 of Transportation $82,800 - $111,800
7314 Chief Information Officer $82,800 - $111,800
7315 (2) (a) The Legislature fixes benefits for the state offices outlined in Subsection (1) as
7316 follows:
7317 (i) the option of participating in a state retirement system established by Title 49, Utah
7318 State Retirement and Insurance Benefit Act, or in a deferred compensation plan administered by
7319 the State Retirement Office in accordance with the Internal Revenue Code and its accompanying
7320 rules and regulations;
7321 (ii) health insurance;
7322 (iii) dental insurance;
7323 (iv) basic life insurance;
7324 (v) unemployment compensation;
7325 (vi) workers' compensation;
7326 (vii) required employer contribution to Social Security;
7327 (viii) long-term disability income insurance;
7328 (ix) the same additional state-paid life insurance available to other noncareer service
7329 employees;
7330 (x) the same severance pay available to other noncareer service employees;
7331 (xi) the same sick leave, converted sick leave, educational allowances, and holidays
7332 granted to Schedule B state employees, and the same annual leave granted to Schedule B state
7333 employees with more than ten years of state service;
7334 (xii) the option to convert accumulated sick leave to cash or insurance benefits as provided
7335 by law or rule upon resignation or retirement according to the same criteria and procedures applied
7336 to Schedule B state employees;
7337 (xiii) the option to purchase additional life insurance at group insurance rates according
7338 to the same criteria and procedures applied to Schedule B state employees; and
7339 (xiv) professional memberships if being a member of the professional organization is a
7340 requirement of the position.
7341 (b) Each department shall pay the cost of additional state-paid life insurance for its
7342 executive director from its existing budget.
7343 (3) The Legislature fixes the following additional benefits:
7344 (a) for the executive director of the State Tax Commission a vehicle for official and
7345 personal use;
7346 (b) for the executive director of the Department of Transportation a vehicle for official and
7347 personal use;
7348 (c) for the executive director of the Department of Natural Resources a vehicle for
7349 commute and official use;
7350 (d) for the Commissioner of Public Safety:
7351 (i) an accidental death insurance policy if POST certified; and
7352 (ii) a public safety vehicle for official and personal use;
7353 (e) for the executive director of the Department of Corrections:
7354 (i) an accidental death insurance policy if POST certified; and
7355 (ii) a public safety vehicle for official and personal use;
7356 (f) for the Adjutant General a vehicle for official and personal use; and
7357 (g) for each member of the Board of Pardons and Parole a vehicle for commute and official
7358 use.
7359 (4) (a) The governor has the discretion to establish a specific salary for each office listed
7360 in Subsection (1), and, within that discretion, may provide salary increases within the range fixed
7361 by the Legislature.
7362 (b) The governor shall apply the same overtime regulations applicable to other FLSA
7363 exempt positions.
7364 (c) The governor may develop standards and criteria for reviewing the performance of the
7365 state officers listed in Subsection (1).
7366 (5) Salaries for other Schedule A employees, as defined in Section 67-19-15 , which are
7367 not provided for in this chapter, or in Title 67, Chapter 8, Utah Executive and Judicial Salary Act,
7368 shall be established as provided in Section 67-19-15 .
7369 Section 222. Section 78-7-35 is amended to read:
7370 78-7-35. Civil fees of the courts of record -- Courts complex design.
7371 (1) (a) The fee for filing any civil complaint or petition invoking the jurisdiction of a court
7372 of record not governed by another subsection is $120.
7373 (b) The fee for filing a complaint or petition is:
7374 (i) $37 if the claim for damages or amount in interpleader exclusive of court costs, interest,
7375 and attorney fees is $2,000 or less;
7376 (ii) $80 if the claim for damages or amount in interpleader exclusive of court costs,
7377 interest, and attorney fees is greater than $2,000 and less than $10,000;
7378 (iii) $120 if the claim for damages or amount in interpleader is $10,000 or more; and
7379 (iv) $80 if the petition is filed under Title 30, Chapter 3, Divorce, or Title 30, Chapter 4,
7380 Separate Maintenance.
7381 (c) The fee for filing a small claims affidavit is:
7382 (i) $37 if the claim for damages or amount in interpleader exclusive of court costs, interest,
7383 and attorney fees is $2,000 or less; and
7384 (ii) $60 if the claim for damages or amount in interpleader exclusive of court costs,
7385 interest, and attorney fees is greater than $2,000.
7386 (d) The fee for filing a counter claim, cross claim, complaint in intervention, third party
7387 complaint, or other claim for relief against an existing or joined party other than the original
7388 complaint or petition is:
7389 (i) $45 if the claim for relief exclusive of court costs, interest, and attorney fees is $2,000
7390 or less;
7391 (ii) $60 if the claim for relief exclusive of court costs, interest, and attorney fees is greater
7392 than $2,000 and less than $10,000;
7393 (iii) $90 if the original petition is filed under Subsection (1)(a), the claim for relief is
7394 $10,000 or more, or the party seeks relief other than monetary damages; and
7395 (iv) $60 if the original petition is filed under Title 30, Chapter 3, Divorce, or Title 30,
7396 Chapter 4, Separate Maintenance.
7397 (e) The fee for filing a small claims counter affidavit is:
7398 (i) $35 if the claim for relief exclusive of court costs, interest, and attorney fees is $2,000
7399 or less; and
7400 (ii) $50 if the claim for relief exclusive of court costs, interest, and attorney fees is greater
7401 than $2,000.
7402 (f) The fee for depositing funds under Section 57-1-29 when not associated with an action
7403 already before the court is determined under Subsection (1)(b) based on the amount deposited.
7404 (g) The fee for filing a petition is:
7405 (i) $70 for trial de novo of an adjudication of the justice court or of the small claims
7406 department; and
7407 (ii) $40 for an appeal of a municipal administrative determination in accordance with
7408 Section 10-3-703.7 .
7409 (h) The fee for filing a notice of appeal, petition for appeal of an interlocutory order, or
7410 petition for writ of certiorari is $190.
7411 (i) (i) Except for a petition filed under Subsection 77-18-10 (2), the fee for filing a petition
7412 for expungement is $50.
7413 (ii) There is no fee for a petition filed under Subsection 77-18-10 (2).
7414 (j) (i) Fifteen dollars of the fees established by Subsections (1)(a) through (i) shall be
7415 allocated to and between the Judges' Contributory Retirement Trust Fund and the Judges'
7416 Noncontributory Retirement Trust Fund, as provided in Title 49, Chapter [
7417 Contributory Retirement Act, and Title 49, Chapter 18, Judges' Noncontributory Retirement Act.
7418 (ii) Two dollars of the fees established by Subsections (1)(a) through (i) shall be allocated
7419 by the state treasurer to be deposited in the restricted account, Children's Legal Defense Account,
7420 as provided in Section 63-63a-8 .
7421 (iii) One dollar of the fees established under Subsections (1)(a) through (e), (1)(g), and
7422 (1)(r) shall be allocated to and deposited with the Dispute Resolution Fund as provided in Section
7423 78-31b-9 .
7424 (k) The fee for filing a judgment, order, or decree of a court of another state or of the
7425 United States is $25.
7426 (l) The fee for filing probate or child custody documents from another state is $25.
7427 (m) (i) The fee for filing an abstract or transcript of judgment, order, or decree of the Utah
7428 State Tax Commission is $30.
7429 (ii) The fee for filing an abstract or transcript of judgment of a court of law of this state
7430 or a judgment, order, or decree of an administrative agency, commission, board, council, or hearing
7431 officer of this state or of its political subdivisions other than the Utah State Tax Commission, is
7432 $40.
7433 (n) The fee for filing a judgment by confession without action under Section 78-22-3 is
7434 $25.
7435 (o) The fee for filing an award of arbitration for confirmation, modification, or vacation
7436 under Title 78, Chapter 31a, Utah Arbitration Act, that is not part of an action before the court is
7437 $25.
7438 (p) The fee for filing a petition or counter-petition to modify a decree of divorce is $30.
7439 (q) The fee for filing any accounting required by law is:
7440 (i) $10 for an estate valued at $50,000 or less;
7441 (ii) $20 for an estate valued at $75,000 or less but more than $50,000;
7442 (iii) $40 for an estate valued at $112,000 or less but more than $75,000;
7443 (iv) $80 for an estate valued at $168,000 or less but more than $112,000; and
7444 (v) $150 for an estate valued at more than $168,000.
7445 (r) The fee for filing a demand for a civil jury is $50.
7446 (s) The fee for filing a notice of deposition in this state concerning an action pending in
7447 another state under Utah Rule of Civil Procedure 26 is $25.
7448 (t) The fee for filing documents that require judicial approval but are not part of an action
7449 before the court is $25.
7450 (u) The fee for a petition to open a sealed record is $25.
7451 (v) The fee for a writ of replevin, attachment, execution, or garnishment is $20 in addition
7452 to any fee for a complaint or petition.
7453 (w) The fee for a petition for authorization for a minor to marry required by Section 30-1-9
7454 is $5.
7455 (x) The fee for a certificate issued under Section 26-2-25 is $2.
7456 (y) The fee for a certified copy of a document is $2 per document plus 50 cents per page.
7457 (z) The fee for an exemplified copy of a document is $4 per document plus 50 cents per
7458 page.
7459 (aa) The Judicial Council shall by rule establish a schedule of fees for copies of documents
7460 and forms and for the search and retrieval of records under Title 63, Chapter 2, Government
7461 Records Access and Management Act. Fees under this subsection shall be credited to the court
7462 as a reimbursement of expenditures.
7463 (bb) There is no fee for services or the filing of documents not listed in this section or
7464 otherwise provided by law.
7465 (cc) Except as provided in this section, all fees collected under this section are paid to the
7466 General Fund. Except as provided in this section, all fees shall be paid at the time the clerk accepts
7467 the pleading for filing or performs the requested service.
7468 (dd) The filing fees under this section may not be charged to the state, its agencies, or
7469 political subdivisions filing or defending any action. In judgments awarded in favor of the state,
7470 its agencies, or political subdivisions, except the Office of Recovery Services, the court shall order
7471 the filing fees and collection costs to be paid by the judgment debtor. The sums collected under
7472 this subsection shall be applied to the fees after credit to the judgment, order, fine, tax, lien, or
7473 other penalty and costs permitted by law.
7474 (2) (a) (i) From March 17, 1994 until June 30, 1998, the administrator of the courts shall
7475 transfer all revenues representing the difference between the fees in effect after May 2, 1994, and
7476 the fees in effect before February 1, 1994, as dedicated credits to the Division of Facilities
7477 Construction and Management Capital Projects Fund.
7478 (ii) (A) Except as provided in Subsection (2)(a)(ii)(B), the Division of Facilities
7479 Construction and Management shall use up to $3,750,000 of the revenue deposited in the Capital
7480 Projects Fund under this Subsection (2)(a) to design and take other actions necessary to initiate the
7481 development of a courts complex in Salt Lake City.
7482 (B) If the Legislature approves funding for construction of a courts complex in Salt Lake
7483 City in the 1995 Annual General Session, the Division of Facilities Construction and Management
7484 shall use the revenue deposited in the Capital Projects Fund under Subsection (2)(a)(ii) to construct
7485 a courts complex in Salt Lake City.
7486 (C) After the courts complex is completed and all bills connected with its construction
7487 have been paid, the Division of Facilities Construction and Management shall use any monies
7488 remaining in the Capital Projects Fund under Subsection (2)(a)(ii) to fund the Vernal District Court
7489 building.
7490 (iii) The Division of Facilities Construction and Management may enter into agreements
7491 and make expenditures related to this project before the receipt of revenues provided for under this
7492 Subsection (2)(a)(iii).
7493 (iv) The Division of Facilities Construction and Management shall:
7494 (A) make those expenditures from unexpended and unencumbered building funds already
7495 appropriated to the Capital Projects Fund; and
7496 (B) reimburse the Capital Projects Fund upon receipt of the revenues provided for under
7497 this Subsection (2).
7498 (b) After June 30, 1998, the administrator of the courts shall ensure that all revenues
7499 representing the difference between the fees in effect after May 2, 1994, and the fees in effect
7500 before February 1, 1994, are transferred to the Division of Finance for deposit in the restricted
7501 account.
7502 (c) The Division of Finance shall deposit all revenues received from the court
7503 administrator into the restricted account created by this section.
7504 (d) (i) From May 1, 1995 until June 30, 1998, the administrator of the courts shall transfer
7505 $7 of the amount of a fine or bail forfeiture paid for a violation of Title 41, Motor Vehicles, in a
7506 court of record to the Division of Facilities Construction and Management Capital Projects Fund.
7507 The division of money pursuant to Section 78-3-14.5 shall be calculated on the balance of the fine
7508 or bail forfeiture paid.
7509 (ii) After June 30, 1998, the administrator of the courts or a municipality shall transfer $7
7510 of the amount of a fine or bail forfeiture paid for a violation of Title 41, Motor Vehicles, in a court
7511 of record or an administrative traffic proceeding in accordance with Section 10-3-703.5 to the
7512 Division of Finance for deposit in the restricted account created by this section. The division of
7513 money pursuant to Section 78-3-14.5 shall be calculated on the balance of the fine or bail forfeiture
7514 paid.
7515 (3) (a) There is created within the General Fund a restricted account known as the State
7516 Courts Complex Account.
7517 (b) The Legislature may appropriate monies from the restricted account to the
7518 administrator of the courts for the following purposes only:
7519 (i) to repay costs associated with the construction of the court complex that were funded
7520 from sources other than revenues provided for under this Subsection (3)(b)(i); and
7521 (ii) to cover operations and maintenance costs on the court complex.
7522 Section 223. Repealer.
7523 This act repeals:
7524 Section 49-1-501, Termination of membership.
7525 Section 49-1-605, Extra monthly payments authorized -- Adjustment of benefits and
7526 allowances -- Incorporation into normal allowance.
7527 Section 49-1-612, Required distributions.
7528 Section 49-1-617, Payment of additional retirement benefit -- Rules for
7529 implementation.
7530 Section 49-2-102, Purpose.
7531 Section 49-2-403, Service retirement plans -- Additional options -- Death of member
7532 within 90 days after retirement -- Divorce of member.
7533 Section 49-2-501, Disability coverage.
7534 Section 49-2-702, Closing the retirement account -- Status of retirants and
7535 beneficiaries.
7536 Section 49-3-102, Purpose.
7537 Section 49-3-403, Service retirement plans -- Additional options -- Death of member
7538 within 90 days after retirement.
7539 Section 49-3-501, Disability coverage.
7540 Section 49-3-702, Closing the retirement account -- Status of retirants and
7541 beneficiaries.
7542 Section 49-4-102, Purpose.
7543 Section 49-4-403, Service credit under both Division A and B -- Computation of
7544 benefit -- Benefits for surviving spouse.
7545 Section 49-4a-102, Purpose.
7546 Section 49-4a-403, Service credit under both Division A and B -- Computation of
7547 benefit -- Benefits for surviving spouse.
7548 Section 49-5-102, Purpose.
7549 Section 49-5-403, Service credit under both Division A and B -- Computation of
7550 benefit.
7551 Section 49-5-602, Minimum monthly allowance -- Funded by member contributions.
7552 Section 49-6-102, Purpose.
7553 Section 49-6-602, Minimum retirement allowance.
7554 Section 49-6a-102, Purpose.
7555 Section 49-7-102, Purpose.
7556 Section 49-7-402, Cost-of-living adjustment.
7557 Section 49-7-404, Retirement option.
7558 Section 49-9-302, Rates established on basis of agency experience -- Limitations --
7559 Annual report to governor and Legislature.
7560 Section 49-9-406, Psychopathy benefit.
7561 Section 49-9-408, Administration of disabilities -- Members of Public Safety
7562 Retirement System Members of Judges' Retirement System.
7563 Section 49-10-303, Preservation of Hill Air Force Base Expendable Trust Fund.
7564 Section 224. Effective date.
7565 If approved by two-thirds of all the members elected to each house, this act takes effect
7566 upon approval by the governor, or the day following the constitutional time limit of Utah
7567 Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto, the
7568 date of veto override, except that the amendments to the following sections take effect on July 1,
7569 2002:
7570 (1) Section 63E-1-102 (Effective 07/01/02); and
7571 (2) Section 63E-1-202 (Effective 07/01/02).
7571a h Section 225. Coordination clause.
7571b IF THIS BILL AND H.B, 105, HEALTH INSURANCE MANDATES - PILOT PROGRAM, BOTH
7571c PASS, IT IS THE INTENT OF THE LEGISLATURE THAT THE OFFICE OF LEGISLATIVE RESEARCH
7571d AND GENERAL COUNSEL SHALL MAKE THE FOLLOWING CHANGES IN PREPARING THE
7571e DATABASE FOR PUBLICATION:
7571f 1. SUBSECTION 31A-22-605.5(3) SHALL READ:
7571g "(3) ANY COVERAGE OFFERED ON A GROUP BASIS UNDER TITLE 49, CHAPTER 20, PUBLIC
7571h EMPLOYEES BENEFIT AND INSURANCE PROGRAM ACT MUST COMPLY, FOR A PERIOD OF ONE
7571i YEAR, WITH THE PROVISIONS OF ALL INSURANCE MANDATES WHICH ARE IMPOSED:";
7571j 2. SUBSECTION 31A-22-605.5(4) SHALL READ:
7571k "(4) DURING THE ONE-YEAR PILOT PROGRAM IN WHICH THE MANDATORY OBLIGATION IS
7571l IMPOSED UNDER SUBSECTION (3), THE PROGRAM REGULATED UNDER TITLE 49, CHAPTER 20,
7571m PUBLIC EMPLOYEES BENEFIT AND INSURANCE PROGRAM ACT SHALL:";
7571n 3. SUBSECTION 31A-22-605.5(5)(a) SHALL READ:
7571o "(5) (a) IF THE PROGRAM REGULATED UNDER TITLE 49, CHAPTER 20, PUBLIC EMPLOYEES
7571p BENEFIT AND INSURANCE PROGRAM ACT CURRENTLY OFFERS BENEFITS WHOSE FEATURES
7571q ARE THE SAME AS OR GREATER THAN ANY PROPOSED INSURANCE MANDATE, THE PROGRAM
7571r SHALL, PRIOR TO THE PROPOSED INSURANCE MANDATE BEING CONSIDERED, PROVIDE THE
7571s LEGISLATURE AN ANALYSIS OF ANY ADDITIONAL COSTS THE PROGRAM HAS INCURRED AS A
7571t CONSEQUENCE OF OFFERING THE BENEFITS."; AND
7571u 4. SECTION 49-8-406 IN H.B. 105 SHALL BE RENUMBERED TO 49-20-406 AND SHALL READ:
7571v "COVERAGE OFFERED ON A GROUP BASIS UNDER THIS CHAPTER SHALL COMPLY WITH
7571w THE PROVISIONS OF SECTION 31A-22-605.5." h
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