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H.B. 347

This document includes House Committee Amendments incorporated into the bill on Tue, Feb 25, 2003 at 7:00 PM by kholt. -->              1     

STATE GOVERNMENT RETIREMENT

             2     
AMENDMENTS

             3     
2003 GENERAL SESSION

             4     
STATE OF UTAH

             5     
Sponsor: Brad L. Dee

             6      This act modifies the Utah State Retirement and Insurance Benefit Act by expanding the
             7      Utah State Retirement Board Membership from seven to 12 members.
             8      This act affects sections of Utah Code Annotated 1953 as follows:
             9      AMENDS:
             10          49-11-202, as last amended by Chapter 176 and renumbered and amended by Chapter
             11      250, Laws of Utah 2002
             12      Be it enacted by the Legislature of the state of Utah:
             13          Section 1. Section 49-11-202 is amended to read:
             14           49-11-202. Establishment of Utah State Retirement Board -- Quorum -- Terms --
             15      Officers -- Expenses and per diem -- Membership council established.
             16          (1) There is established the Utah State Retirement Board composed of [seven] 12 board
             17      members determined as follows:
             18          (a) Four board members, with experience in investments or banking, shall be appointed
             19      by the governor from the general public.
             20          (b) One board member shall be a school employee appointed by the governor from at
             21      least three nominations submitted by the governing board of the school employees' association
             22      that is representative of a majority of the school employees who are members of a system
             23      administered by the board.
             24          (c) One board member shall be a public employee appointed by the governor from at
             25      least three nominations submitted by the governing board of the public employee association
             26      that is representative of a majority of the public employees who are members of a system
             27      administered by the board.



             28          (d) One board member shall be a city or town officer or employee appointed by the
             29      governor from at least three nominations submitted by the governing board of an association
             30      that is representative of a majority of the cities and towns who are members of a system
             31      administered by the board.
             32          (e) One board member shall be a county officer or employee appointed by the governor
             33      from at least three nominations submitted by the governing board of an association that is
             34      representative of a majority of the counties who are members of a system administered by the
             35      board.
             36          (f) One board member shall be a retired public employee h , WHO IS NOT A PEACE OFFICER
             36a      OR FIREFIGHTER, h appointed by the governor
             37      from at least three nominations submitted by the governing board of an association that is
             38      representative of a majority of the retired public employees who retired from a system
             39      administered by the board.
             40          (g) One board member shall be a h [ retired ] h peace officer appointed by the governor from
             41      at least three nominations submitted by the governing h [ board of an association that is
             42      representative of a majority of the retired peace officers who retired from a system
             43      administered by the board
] BOARDS OF THE ASSOCIATIONS THAT REPRESENT A MAJORITY OF

             43a      PEACE OFFICERS h .
             44          (h) One board member shall be a h [ retired ] h firefighter appointed by the governor from at
             45      least three nominations submitted by the governing board of an association that is
             46      representative of a majority of the h [ retired ] h firefighters h [ who retired from a system
             46a      administered
             47      by the board
] h
.
             48          [(d)] (i) One board member shall be the state treasurer.
             49          (2) [Four] Seven board members constitute a quorum for the transaction of business.
             50          (3) (a) All appointments to the board shall be made on a nonpartisan basis, with the
             51      consent of the Senate.
             52          (b) Board members shall serve until their successors are appointed and take the
             53      constitutional oath of office.
             54          (c) When a vacancy occurs on the board for any reason, the replacement shall be
             55      appointed for the unexpired term.
             56          (4) (a) Except as required by Subsection (4)(b), all appointed board members shall
             57      serve for four-year terms.


             58          (b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the


             59      time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             60      board members are staggered so that approximately half of the board is appointed every two
             61      years.
             62          (c) A board member who is appointed as a school employee or as a public employee
             63      who retires or who is no longer employed with a participating employer shall immediately
             64      resign from the board.
             65          (5) (a) Each year the board shall elect a president and vice president from its
             66      membership.
             67          (b) Each board member shall receive a per diem plus expenses for attending regularly
             68      constituted meetings and conferences as provided by board action.
             69          (6) (a) There is established a Membership Council to perform the duties under
             70      Subsection (10).
             71          (b) The board may pay the travel expenses of council members who attend council
             72      meetings.
             73          (7) The Membership Council shall be composed of 13 council members selected as
             74      follows:
             75          (a) Three council members shall be school employees selected by the governing board
             76      of an association representative of a majority of school employees who are members of a
             77      system administered by the board.
             78          (b) One council member shall be a classified school employee selected by the
             79      governing board of the association representative of a majority of classified school employees
             80      who are members of a system administered by the board.
             81          (c) Two council members shall be public employees selected by the governing board of
             82      the association representative of a majority of the public employees who are members of a
             83      system administered by the board.
             84          (d) One council member shall be a municipal officer or employee selected by the
             85      governing board of the association representative of a majority of the municipalities who
             86      participate in a system administered by the board.
             87          (e) One council member shall be a county officer or employee selected by the
             88      governing board of the association representative of a majority of counties who participate in a
             89      system administered by the board.


             90          (f) One council member shall be a representative of members of the Judges'
             91      Noncontributory Retirement System selected by the Judicial Council.
             92          (g) One council member shall be a representative of members of the Public Safety
             93      Retirement Systems selected by the governing board of the association representative of the
             94      majority of peace officers who are members of the Public Safety Retirement Systems.
             95          (h) One council member shall be a representative of members of the Firefighters'
             96      Retirement System selected by the governing board of the association representative of the
             97      majority of paid professional firefighters who are members of the Firefighters' Retirement
             98      System.
             99          (i) One council member shall be a retiree selected by the Utah Association of Retired
             100      Public Employees.
             101          (j) One council member shall be a retiree selected by the Utah Retired School
             102      Employees' Association.
             103          (8) (a) Each entity granted authority to select council members under Subsection (7)
             104      may also revoke the selection at any time.
             105          (b) Each term on the council shall be for a period of four years, subject to Subsection
             106      (8)(a).
             107          (c) Each term begins on July 1 and expires on June 30.
             108          (d) When a vacancy occurs on the council for any reason, the replacement shall be
             109      selected for the remainder of the unexpired term.
             110          (9) The council shall annually designate one council member as chair.
             111          (10) The council shall:
             112          (a) recommend to the board and to the Legislature benefits and policies for members of
             113      any system or plan administered by the board;
             114          (b) recommend procedures and practices to improve the administration of the systems
             115      and plans and the public employee relations responsibilities of the board and office;
             116          (c) examine the record of all decisions affecting retirement benefits made by a hearing
             117      officer under Section 49-11-613 ;
             118          (d) submit nominations to the board for the position of executive director if that
             119      position is vacant;
             120          (e) advise and counsel with the board and the director on policies affecting members of


             121      the various systems administered by the office; and
             122          (f) perform other duties assigned to it by the board.




Legislative Review Note
    as of 2-19-03 11:30 AM


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

Office of Legislative Research and General Counsel


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