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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
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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 [
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 [
41 at least three nominations submitted by the governing h [
42 representative of a majority of the retired peace officers who retired from a system
43 administered by the board
43a PEACE OFFICERS h .
44 (h) One board member shall be a h [
45 least three nominations submitted by the governing board of an association that is
46 representative of a majority of the h [
46a
47 by the board
48 [
49 (2) [
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.