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