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S.B. 90 Enrolled

             1     

BOARD OF PARDONS RETIREMENT AMENDMENTS

             2     
2011 GENERAL SESSION

             3     
STATE OF UTAH

             4     
Chief Sponsor: Daniel R. Liljenquist

             5     
House Sponsor: Don L. Ipson

             6     
             7      LONG TITLE
             8      General Description:
             9          This bill modifies the Utah State Retirement and Insurance Benefit Act by amending
             10      public safety retirement provisions.
             11      Highlighted Provisions:
             12          This bill:
             13          .    amends the definition of "public safety service" to include a full-time member of the
             14      Board of Pardons and Parole for the Public Safety Contributory Retirement System,
             15      the Public Safety Noncontributory Retirement System, and the New Public Safety
             16      and Firefighter Tier II Contributory Retirement System; and
             17          .    makes technical changes.
             18      Money Appropriated in this Bill:
             19          None
             20      Other Special Clauses:
             21          None
             22      Utah Code Sections Affected:
             23      AMENDS:
             24          49-14-102, as last amended by Laws of Utah 2003, Chapter 240
             25          49-15-102, as last amended by Laws of Utah 2003, Chapters 131 and 240
             26          49-23-102, as enacted by Laws of Utah 2010, Chapter 266
             27     
             28      Be it enacted by the Legislature of the state of Utah:
             29          Section 1. Section 49-14-102 is amended to read:


             30           49-14-102. Definitions.
             31          As used in this chapter:
             32          (1) (a) "Compensation" means the total amount of payments that are includable in
             33      gross income which are received by a public safety service employee as base income for the
             34      regularly scheduled work period. The participating employer shall establish the regularly
             35      scheduled work period. Base income shall be determined prior to the deduction of member
             36      contributions or any amounts the public safety service employee authorizes to be deducted for
             37      salary deferral or other benefits authorized by federal law.
             38          (b) "Compensation" includes performance-based bonuses and cost-of-living
             39      adjustments.
             40          (c) "Compensation" does not include:
             41          (i) overtime;
             42          (ii) sick pay incentives;
             43          (iii) retirement pay incentives;
             44          (iv) the monetary value of remuneration paid in kind, including a residence, use of
             45      equipment or uniform, travel, or similar payments;
             46          (v) a lump-sum payment or special payments covering accumulated leave; and
             47          (vi) all contributions made by a participating employer under this system or under any
             48      other employee benefit system or plan maintained by a participating employer for the benefit of
             49      a member or participant.
             50          (d) "Compensation" for purposes of this chapter may not exceed the amount allowed
             51      under Internal Revenue Code Section 401(a)(17).
             52          (2) "Final average salary" means the amount computed by averaging the highest three
             53      years of annual compensation preceding retirement, subject to Subsections (2)(a) and (b).
             54          (a) Except as provided in Subsection (2)(b), the percentage increase in annual
             55      compensation in any one of the years used may not exceed the previous year's compensation by
             56      more than 10% plus a cost-of-living adjustment equal to the decrease in the purchasing power
             57      of the dollar during the previous year, as measured by a United States Bureau of Labor


             58      Statistics Consumer Price Index average as determined by the board.
             59          (b) In cases where the participating employer provides acceptable documentation to the
             60      office, the limitation in Subsection (2)(a) may be exceeded if:
             61          (i) the public safety service employee has transferred from another agency; or
             62          (ii) the public safety service employee has been promoted to a new position.
             63          (3) "Line-of-duty death" means a death resulting from external force, violence, or
             64      disease occasioned by an act of duty as a public safety service employee.
             65          (4) "Participating employer" means an employer which meets the participation
             66      requirements of Section 49-14-201 .
             67          (5) (a) "Public safety service" means employment normally requiring an average of
             68      2,080 hours of regularly scheduled employment per year rendered by a member who is a:
             69          (i) law enforcement officer in accordance with Section 53-13-103 ;
             70          (ii) correctional officer in accordance with Section 53-13-104 ; [and]
             71          (iii) special function officer approved in accordance with Sections 49-14-201 and
             72      53-13-105 [.]; and
             73          (iv) full-time member of the Board of Pardons and Parole created under Section
             74      77-27-2 .
             75          (b) Except as provided under Subsection (5)(a)(iv), "public safety service" also requires
             76      that in the course of employment the employee's life or personal safety is at risk.
             77          (c) Except for the minimum hour requirement, Subsections (5)(a) and (b) do not apply
             78      to any person who was eligible for service credit in this system [prior to] before January 1,
             79      1984.
             80          (6) "Public safety service employee" means an employee of a participating employer
             81      who performs public safety service under this chapter.
             82          (7) "System" means the Public Safety Contributory Retirement System created under
             83      this chapter.
             84          (8) "Years of service credit" means the number of periods, each to consist of 12 full
             85      months as determined by the board, whether consecutive or not, during which a public safety


             86      service employee was employed by a participating employer, including time the public safety
             87      service employee was absent in the service of the United States government on military duty.
             88          Section 2. Section 49-15-102 is amended to read:
             89           49-15-102. Definitions.
             90          As used in this chapter:
             91          (1) (a) "Compensation" means the total amount of payments that are includable in
             92      gross income received by a public safety service employee as base income for the regularly
             93      scheduled work period. The participating employer shall establish the regularly scheduled
             94      work period. Base income shall be determined prior to the deduction of any amounts the
             95      public safety service employee authorizes to be deducted for salary deferral or other benefits
             96      authorized by federal law.
             97          (b) "Compensation" includes performance-based bonuses and cost-of-living
             98      adjustments.
             99          (c) "Compensation" does not include:
             100          (i) overtime;
             101          (ii) sick pay incentives;
             102          (iii) retirement pay incentives;
             103          (iv) the monetary value of remuneration paid in kind, as in a residence, use of
             104      equipment or uniform, travel, or similar payments;
             105          (v) a lump-sum payment or special payment covering accumulated leave; and
             106          (vi) all contributions made by a participating employer under this system or under any
             107      other employee benefit system or plan maintained by a participating employer for the benefit of
             108      a member or participant.
             109          (d) "Compensation" for purposes of this chapter may not exceed the amount allowed
             110      under Internal Revenue Code Section 401(a)(17).
             111          (2) "Final average salary" means the amount computed by averaging the highest three
             112      years of annual compensation preceding retirement subject to Subsections (2)(a) and (b).
             113          (a) Except as provided in Subsection (2)(b), the percentage increase in annual


             114      compensation in any one of the years used may not exceed the previous year's compensation by
             115      more than 10% plus a cost-of-living adjustment equal to the decrease in the purchasing power
             116      of the dollar during the previous year, as measured by a United States Bureau of Labor
             117      Statistics Consumer Price Index average as determined by the board.
             118          (b) In cases where the participating employer provides acceptable documentation to the
             119      office, the limitation in Subsection (2)(a) may be exceeded if:
             120          (i) the public safety service employee has transferred from another agency; or
             121          (ii) the public safety service employee has been promoted to a new position.
             122          (3) "Line-of-duty death" means a death resulting from external force, violence, or
             123      disease occasioned by an act of duty as a public safety service employee.
             124          (4) "Participating employer" means an employer which meets the participation
             125      requirements of Section 49-15-201 .
             126          (5) (a) "Public safety service" means employment normally requiring an average of
             127      2,080 hours of regularly scheduled employment per year rendered by a member who is a:
             128          (i) law enforcement officer in accordance with Section 53-13-103 ;
             129          (ii) correctional officer in accordance with Section 53-13-104 ; [and]
             130          (iii) special function officer approved in accordance with Sections 49-15-201 and
             131      53-13-105 [.]; and
             132          (iv) full-time member of the Board of Pardons and Parole created under Section
             133      77-27-2 .
             134          (b) Except as provided under Subsection (5)(a)(iv), "public safety service" also requires
             135      that in the course of employment the employee's life or personal safety is at risk.
             136          (6) "Public safety service employee" means an employee of a participating employer
             137      who performs public safety service under this chapter.
             138          (7) "System" means the Public Safety Noncontributory Retirement System created
             139      under this chapter.
             140          (8) "Years of service credit" means the number of periods, each to consist of 12 full
             141      months as determined by the board, whether consecutive or not, during which a public safety


             142      service employee was employed by a participating employer, including time the public safety
             143      service employee was absent in the service of the United States government on military duty.
             144          Section 3. Section 49-23-102 is amended to read:
             145           49-23-102. Definitions.
             146          As used in this chapter:
             147          (1) (a) "Compensation" means the total amount of payments that are includable in
             148      gross income received by a public safety service employee or a firefighter service employee as
             149      base income for the regularly scheduled work period. The participating employer shall
             150      establish the regularly scheduled work period. Base income shall be determined prior to the
             151      deduction of any amounts the public safety service employee or firefighter service employee
             152      authorizes to be deducted for salary deferral or other benefits authorized by federal law.
             153          (b) "Compensation" includes performance-based bonuses and cost-of-living
             154      adjustments.
             155          (c) "Compensation" does not include:
             156          (i) overtime;
             157          (ii) sick pay incentives;
             158          (iii) retirement pay incentives;
             159          (iv) the monetary value of remuneration paid in kind, as in a residence, use of
             160      equipment or uniform, travel, or similar payments;
             161          (v) a lump-sum payment or special payment covering accumulated leave; and
             162          (vi) all contributions made by a participating employer under this system or under any
             163      other employee benefit system or plan maintained by a participating employer for the benefit of
             164      a member or participant.
             165          (d) "Compensation" for purposes of this chapter may not exceed the amount allowed
             166      under Internal Revenue Code Section 401(a)(17).
             167          (2) "Corresponding Tier I system" means the system or plan that would have covered
             168      the member if the member had initially entered employment before July 1, 2011.
             169          (3) "Final average salary" means the amount computed by averaging the highest five


             170      years of annual compensation preceding retirement subject to Subsections (3)(a), (b), (c), and
             171      (d).
             172          (a) Except as provided in Subsection (3)(b), the percentage increase in annual
             173      compensation in any one of the years used may not exceed the previous year's compensation by
             174      more than 10% plus a cost-of-living adjustment equal to the decrease in the purchasing power
             175      of the dollar during the previous year, as measured by a United States Bureau of Labor
             176      Statistics Consumer Price Index average as determined by the board.
             177          (b) In cases where the participating employer provides acceptable documentation to the
             178      office, the limitation in Subsection (3)(a) may be exceeded if:
             179          (i) the member has transferred from another agency; or
             180          (ii) the member has been promoted to a new position.
             181          (c) If the member retires more than six months from the date of termination of
             182      employment, the member is considered to have been in service at the member's last rate of pay
             183      from the date of the termination of employment to the effective date of retirement for purposes
             184      of computing the member's final average salary only.
             185          (d) If the member has less than five years of service credit in this system, final average
             186      salary means the average annual compensation paid to the member during the full period of
             187      service credit.
             188          (4) "Firefighter service" means employment normally requiring an average of 2,080
             189      hours of regularly scheduled employment per year rendered by a member who is a firefighter
             190      service employee trained in firefighter techniques and assigned to a position of hazardous duty
             191      with a regularly constituted fire department, but does not include secretarial staff or other
             192      similar employees.
             193          (5) "Firefighter service employee" means an employee of a participating employer who
             194      provides firefighter service under this chapter. An employee of a regularly constituted fire
             195      department who does not perform firefighter service is not a firefighter service employee.
             196          (6) "Participating employer" means an employer which meets the participation
             197      requirements of:


             198          (a) Sections 49-14-201 and 49-14-202 ;
             199          (b) Sections 49-15-201 and 49-15-202 ;
             200          (c) Sections 49-16-201 and 49-16-202 ; or
             201          (d) Sections 49-23-201 and 49-23-202 .
             202          (7) (a) "Public safety service" means employment normally requiring an average of
             203      2,080 hours of regularly scheduled employment per year rendered by a member who is a:
             204          (i) law enforcement officer in accordance with Section 53-13-103 ;
             205          (ii) correctional officer in accordance with Section 53-13-104 ; [and]
             206          (iii) special function officer approved in accordance with Sections 49-15-201 and
             207      53-13-105 [.]; and
             208          (iv) full-time member of the Board of Pardons and Parole created under Section
             209      77-27-2 .
             210          (b) Except as provided under Subsection (7)(a)(iv), "public safety service" also requires
             211      that in the course of employment the employee's life or personal safety is at risk.
             212          (8) "Public safety service employee" means an employee of a participating employer
             213      who performs public safety service under this chapter.
             214          (9) "System" means the New Public Safety and Firefighter Tier II Contributory
             215      Retirement System created under this chapter.
             216          (10) (a) "Volunteer firefighter" means any individual that is not regularly employed as
             217      a firefighter service employee, but who:
             218          (i) has been trained in firefighter techniques and skills;
             219          (ii) continues to receive regular firefighter training; and
             220          (iii) is on the rolls of a legally organized volunteer fire department which provides
             221      ongoing training and serves a political subdivision of the state.
             222          (b) An individual that volunteers assistance but does not meet the requirements of
             223      Subsection (10)(a) is not a volunteer firefighter for purposes of this chapter.
             224          (11) "Years of service credit" means:
             225          (a) a period, consisting of 12 full months as determined by the board; or


             226          (b) a period determined by the board, whether consecutive or not, during which a
             227      regular full-time employee performed services for a participating employer, including any time
             228      the regular full-time employee was absent on a paid leave of absence granted by a participating
             229      employer or was absent in the service of the United States government on military duty as
             230      provided by this chapter.


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