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H.B. 30

             1     

LINE-OF-DUTY DEATH AND DISABILITY AMENDMENTS

             2     
2013 GENERAL SESSION

             3     
STATE OF UTAH

             4     
Chief Sponsor: Ronda Rudd Menlove

             5     
Senate Sponsor: Curtis S. Bramble

             6     
             7      LONG TITLE
             8      Committee Note:
             9          The Retirement and Independent Entities Interim Committee recommended this bill.
             10      General Description:
             11          This bill modifies the Utah State Retirement and Insurance Benefit Act by amending
             12      provisions relating to line-of-duty death and disability benefits.
             13      Highlighted Provisions:
             14          This bill:
             15          .    provides that a line-of-duty death for a public safety service or firefighter service
             16      employee includes a death that results from strenuous activity, including a heart
             17      attack or stroke, that occurs during training or another activity required by an act of
             18      duty as a public safety service or firefighter service employee;
             19          .    clarifies that a line-of-duty death for a public safety service or firefighter service
             20      employee does not include certain deaths;
             21          .    provides that a line-of-duty disability for a firefighter service employee includes a
             22      physical or mental disability that results from strenuous activity, including a heart
             23      attack or stroke, that occurs during training or another activity required by an act of
             24      duty as a firefighter service employee;
             25          .    clarifies that a line-of-duty disability for a firefighter service employee does not
             26      include certain physical or mental disabilities; and
             27          .    makes technical changes.


             28      Money Appropriated in this Bill:
             29          None
             30      Other Special Clauses:
             31          None
             32      Utah Code Sections Affected:
             33      AMENDS:
             34          49-14-102, as last amended by Laws of Utah 2011, Chapter 200
             35          49-15-102, as last amended by Laws of Utah 2011, Chapter 200
             36          49-16-102, as last amended by Laws of Utah 2005, Chapter 116
             37          49-16-601.5, as enacted by Laws of Utah 2005, Chapter 116
             38          49-20-406, as last amended by Laws of Utah 2003, Chapters 142 and 240
             39          49-23-102, as last amended by Laws of Utah 2011, Chapter 200
             40          49-23-503, as enacted by Laws of Utah 2010, Chapter 266
             41     
             42      Be it enacted by the Legislature of the state of Utah:
             43          Section 1. Section 49-14-102 is amended to read:
             44           49-14-102. Definitions.
             45          As used in this chapter:
             46          (1) (a) "Compensation" means the total amount of payments that are includable in
             47      gross income which are received by a public safety service employee as base income for the
             48      regularly scheduled work period. The participating employer shall establish the regularly
             49      scheduled work period. Base income shall be determined prior to the deduction of member
             50      contributions or any amounts the public safety service employee authorizes to be deducted for
             51      salary deferral or other benefits authorized by federal law.
             52          (b) "Compensation" includes performance-based bonuses and cost-of-living
             53      adjustments.
             54          (c) "Compensation" does not include:
             55          (i) overtime;
             56          (ii) sick pay incentives;
             57          (iii) retirement pay incentives;
             58          (iv) the monetary value of remuneration paid in kind, including a residence, use of


             59      equipment or uniform, travel, or similar payments;
             60          (v) a lump-sum payment or special payments covering accumulated leave; and
             61          (vi) all contributions made by a participating employer under this system or under any
             62      other employee benefit system or plan maintained by a participating employer for the benefit of
             63      a member or participant.
             64          (d) "Compensation" for purposes of this chapter may not exceed the amount allowed
             65      under Internal Revenue Code Section 401(a)(17).
             66          (2) "Final average salary" means the amount computed by averaging the highest three
             67      years of annual compensation preceding retirement, subject to Subsections (2)(a) and (b).
             68          (a) Except as provided in Subsection (2)(b), the percentage increase in annual
             69      compensation in any one of the years used may not exceed the previous year's compensation by
             70      more than 10% plus a cost-of-living adjustment equal to the decrease in the purchasing power
             71      of the dollar during the previous year, as measured by a United States Bureau of Labor
             72      Statistics Consumer Price Index average as determined by the board.
             73          (b) In cases where the participating employer provides acceptable documentation to the
             74      office, the limitation in Subsection (2)(a) may be exceeded if:
             75          (i) the public safety service employee has transferred from another agency; or
             76          (ii) the public safety service employee has been promoted to a new position.
             77          (3) (a) "Line-of-duty death" means a death resulting from:
             78          (i) external force, violence, or disease occasioned by an act of duty as a public safety
             79      service employee[.]; or
             80          (ii) strenuous activity, including a heart attack or stroke, that occurs during strenuous
             81      training or another strenuous activity required as an act of duty as a public safety service
             82      employee.
             83          (b) "Line-of-duty death" does not include a death that:
             84          (i) occurs during an activity that is required as an act of duty as a public safety service
             85      employee if the activity is not strenuous, including an activity that is clerical, administrative, or
             86      of a nonmanual nature;
             87          (ii) occurs during the commission of a crime committed by the employee;
             88          (iii) the employee's intoxication or use of alcohol or drugs, whether prescribed or
             89      nonprescribed, contributes to the employee's death; or


             90          (iv) occurs in a manner other than as described in Subsection (3)(a).
             91          (4) "Participating employer" means an employer which meets the participation
             92      requirements of Section 49-14-201 .
             93          (5) (a) "Public safety service" means employment normally requiring an average of
             94      2,080 hours of regularly scheduled employment per year rendered by a member who is a:
             95          (i) law enforcement officer in accordance with Section 53-13-103 ;
             96          (ii) correctional officer in accordance with Section 53-13-104 ;
             97          (iii) special function officer approved in accordance with Sections 49-14-201 and
             98      53-13-105 ; and
             99          (iv) full-time member of the Board of Pardons and Parole created under Section
             100      77-27-2 .
             101          (b) Except as provided under Subsection (5)(a)(iv), "public safety service" also requires
             102      that in the course of employment the employee's life or personal safety is at risk.
             103          (c) Except for the minimum hour requirement, Subsections (5)(a) and (b) do not apply
             104      to any person who was eligible for service credit in this system before January 1, 1984.
             105          (6) "Public safety service employee" means an employee of a participating employer
             106      who performs public safety service under this chapter.
             107          (7) "System" means the Public Safety Contributory Retirement System created under
             108      this chapter.
             109          (8) "Years of service credit" means the number of periods, each to consist of 12 full
             110      months as determined by the board, whether consecutive or not, during which a public safety
             111      service employee was employed by a participating employer, including time the public safety
             112      service employee was absent in the service of the United States government on military duty.
             113          Section 2. Section 49-15-102 is amended to read:
             114           49-15-102. Definitions.
             115          As used in this chapter:
             116          (1) (a) "Compensation" means the total amount of payments that are includable in
             117      gross income received by a public safety service employee as base income for the regularly
             118      scheduled work period. The participating employer shall establish the regularly scheduled
             119      work period. Base income shall be determined prior to the deduction of any amounts the
             120      public safety service employee authorizes to be deducted for salary deferral or other benefits


             121      authorized by federal law.
             122          (b) "Compensation" includes performance-based bonuses and cost-of-living
             123      adjustments.
             124          (c) "Compensation" does not include:
             125          (i) overtime;
             126          (ii) sick pay incentives;
             127          (iii) retirement pay incentives;
             128          (iv) the monetary value of remuneration paid in kind, as in a residence, use of
             129      equipment or uniform, travel, or similar payments;
             130          (v) a lump-sum payment or special payment covering accumulated leave; and
             131          (vi) all contributions made by a participating employer under this system or under any
             132      other employee benefit system or plan maintained by a participating employer for the benefit of
             133      a member or participant.
             134          (d) "Compensation" for purposes of this chapter may not exceed the amount allowed
             135      under Internal Revenue Code Section 401(a)(17).
             136          (2) "Final average salary" means the amount computed by averaging the highest three
             137      years of annual compensation preceding retirement subject to Subsections (2)(a) and (b).
             138          (a) Except as provided in Subsection (2)(b), the percentage increase in annual
             139      compensation in any one of the years used may not exceed the previous year's compensation by
             140      more than 10% plus a cost-of-living adjustment equal to the decrease in the purchasing power
             141      of the dollar during the previous year, as measured by a United States Bureau of Labor
             142      Statistics Consumer Price Index average as determined by the board.
             143          (b) In cases where the participating employer provides acceptable documentation to the
             144      office, the limitation in Subsection (2)(a) may be exceeded if:
             145          (i) the public safety service employee has transferred from another agency; or
             146          (ii) the public safety service employee has been promoted to a new position.
             147          (3) (a) "Line-of-duty death" means a death resulting from:
             148          (i) external force, violence, or disease occasioned by an act of duty as a public safety
             149      service employee[.]; or
             150          (ii) strenuous activity, including a heart attack or stroke, that occurs during strenuous
             151      training or another strenuous activity required as an act of duty as a public safety service


             152      employee.
             153          (b) "Line-of-duty death" does not include a death that:
             154          (i) occurs during an activity that is required as an act of duty as a public safety service
             155      employee if the activity is not strenuous, including an activity that is clerical, administrative, or
             156      of a nonmanual nature;
             157          (ii) occurs during the commission of a crime committed by the employee;
             158          (iii) the employee's intoxication or use of alcohol or drugs, whether prescribed or
             159      nonprescribed, contributes to the employee's death; or
             160          (iv) occurs in a manner other than as described in Subsection (3)(a).
             161          (4) "Participating employer" means an employer which meets the participation
             162      requirements of Section 49-15-201 .
             163          (5) (a) "Public safety service" means employment normally requiring an average of
             164      2,080 hours of regularly scheduled employment per year rendered by a member who is a:
             165          (i) law enforcement officer in accordance with Section 53-13-103 ;
             166          (ii) correctional officer in accordance with Section 53-13-104 ;
             167          (iii) special function officer approved in accordance with Sections 49-15-201 and
             168      53-13-105 ; and
             169          (iv) full-time member of the Board of Pardons and Parole created under Section
             170      77-27-2 .
             171          (b) Except as provided under Subsection (5)(a)(iv), "public safety service" also requires
             172      that in the course of employment the employee's life or personal safety is at risk.
             173          (6) "Public safety service employee" means an employee of a participating employer
             174      who performs public safety service under this chapter.
             175          (7) "System" means the Public Safety Noncontributory Retirement System created
             176      under this chapter.
             177          (8) "Years of service credit" means the number of periods, each to consist of 12 full
             178      months as determined by the board, whether consecutive or not, during which a public safety
             179      service employee was employed by a participating employer, including time the public safety
             180      service employee was absent in the service of the United States government on military duty.
             181          Section 3. Section 49-16-102 is amended to read:
             182           49-16-102. Definitions.


             183          As used in this chapter:
             184          (1) (a) "Compensation" means the total amount of payments that are includable as
             185      gross income which are received by a firefighter service employee as base income for the
             186      regularly scheduled work period. The participating employer shall establish the regularly
             187      scheduled work period. Base income shall be determined prior to the deduction of member
             188      contributions or any amounts the firefighter service employee authorizes to be deducted for
             189      salary deferral or other benefits authorized by federal law.
             190          (b) "Compensation" includes performance-based bonuses and cost-of-living
             191      adjustments.
             192          (c) "Compensation" does not include:
             193          (i) overtime;
             194          (ii) sick pay incentives;
             195          (iii) retirement pay incentives;
             196          (iv) remuneration paid in kind such as a residence, use of equipment, uniforms, travel,
             197      or similar payments;
             198          (v) a lump-sum payment or special payments covering accumulated leave; and
             199          (vi) all contributions made by a participating employer under this system or under any
             200      other employee benefit system or plan maintained by a participating employer for the benefit of
             201      a member or participant.
             202          (d) "Compensation" for purposes of this chapter may not exceed the amount allowed
             203      under Internal Revenue Code Section 401(a)(17).
             204          (2) (a) "Disability" means a physical or mental condition that, in the judgment of the
             205      office, is total and presumably permanent, and prevents a member from performing firefighter
             206      service.
             207          (b) The determination of disability is based upon medical and other evidence
             208      satisfactory to the office.
             209          (3) "Final average salary" means the amount computed by averaging the highest three
             210      years of annual compensation preceding retirement subject to Subsections (3)(a) and (b).
             211          (a) Except as provided in Subsection (3)(b), the percentage increase in annual
             212      compensation in any one of the years used may not exceed the previous year's compensation by
             213      more than 10% plus a cost-of-living adjustment equal to the decrease in the purchasing power


             214      of the dollar during the previous year, as measured by a United States Bureau of Labor
             215      Statistics Consumer Price Index average as determined by the board.
             216          (b) In cases where the participating employer provides acceptable documentation to the
             217      office the limitation in Subsection (3)(a) may be exceeded if:
             218          (i) the member has transferred from another agency; or
             219          (ii) the member has been promoted to a new position.
             220          (4) "Firefighter service" means employment normally requiring an average of 2,080
             221      hours of regularly scheduled employment per year rendered by a member who is a firefighter
             222      service employee trained in firefighter techniques and assigned to a position of hazardous duty
             223      with a regularly constituted fire department, but does not include secretarial staff or other
             224      similar employees.
             225          (5) "Firefighter service employee" means an employee of a participating employer who
             226      provides firefighter service under this chapter. An employee of a regularly constituted fire
             227      department who does not perform firefighter service is not a firefighter service employee.
             228          (6) (a) "Line-of-duty death or disability" means a death or any physical or mental
             229      disability resulting from:
             230          (i) external force, violence, or disease directly resulting from firefighter service[.]; or
             231          [(a) A paid firefighter who has five years of firefighter service credit is eligible for a
             232      line-of-duty death or disability resulting from heart disease, lung disease, or respiratory tract
             233      condition.]
             234          [(b) A paid firefighter who receives a service connected disability benefit for more than
             235      six months due to violence or illness other than heart disease, lung disease, or respiratory tract
             236      condition, and then returns to paid firefighter service, may not be eligible for a line-of-duty
             237      death or disability benefit due to heart disease, lung disease, or respiratory tract condition for
             238      two years after the firefighter returned to work unless clear and convincing evidence is
             239      presented that the heart disease, lung disease, or respiratory tract condition was directly a result
             240      of firefighter service.]
             241          (ii) strenuous activity, including a heart attack or stroke, that occurs during strenuous
             242      training or another strenuous activity required as an act of duty as a firefighter service
             243      employee.
             244          (b) "Line-of-duty death or disability" does not include a death or any physical or mental


             245      disability that:
             246          (i) occurs during an activity that is required as an act of duty as a firefighter service
             247      employee if the activity is not strenuous, including an activity that is clerical, administrative, or
             248      of a nonmanual nature;
             249          (ii) occurs during the commission of a crime committed by the employee;
             250          (iii) the employee's intoxication or use of alcohol or drugs, whether prescribed or
             251      nonprescribed, contributes to the employee's death; or
             252          (iv) occurs in a manner other than as described in Subsection (6)(a).
             253          (c) "Line-of-duty death or disability" includes the death of a paid firefighter resulting
             254      from heart disease, lung disease, or a respiratory tract condition if the paid firefighter has five
             255      years of firefighter service credit.
             256          (7) "Participating employer" means an employer which meets the participation
             257      requirements of Section 49-16-201 .
             258          (8) "Regularly constituted fire department" means a fire department that employs a fire
             259      chief who performs firefighter service for at least 2,080 hours of regularly scheduled paid
             260      employment per year.
             261          (9) "System" means the Firefighters' Retirement System created under this chapter.
             262          (10) (a) "Volunteer firefighter" means any individual that is not regularly employed as
             263      a firefighter service employee, but who:
             264          (i) has been trained in firefighter techniques and skills;
             265          (ii) continues to receive regular firefighter training; and
             266          (iii) is on the rolls of a legally organized volunteer fire department which provides
             267      ongoing training and serves a political subdivision of the state.
             268          (b) An individual that volunteers assistance but does not meet the requirements of
             269      Subsection (10)(a) is not a volunteer firefighter for purposes of this chapter.
             270          (11) "Years of service credit" means the number of periods, each to consist of 12 full
             271      months as determined by the board, whether consecutive or not, during which a firefighter
             272      service employee was employed by a participating employer or received full-time pay while on
             273      sick leave, including any time the firefighter service employee was absent in the service of the
             274      United States on military duty.
             275          Section 4. Section 49-16-601.5 is amended to read:


             276           49-16-601.5. Line-of-duty disability benefit -- Benefits -- Monthly allowance.
             277          (1) An active member of this system who is unable to perform firefighter service due to
             278      a physical or mental condition incurred in the line-of-duty may apply to the office for a
             279      disability retirement benefit under this section.
             280          (2) If the condition is classified by the office as a line-of-duty disability, the member
             281      shall be granted a disability retirement benefit subject to Section 49-16-602 .
             282          (3) A paid firefighter who has five years of firefighter service credit is eligible for a
             283      line-of-duty disability benefit resulting from heart disease, lung disease, or a respiratory tract
             284      condition.
             285          (4) A paid firefighter who receives a service connected disability benefit for more than
             286      six months due to violence or illness other than heart disease, lung disease, or respiratory tract
             287      condition, and then returns to paid firefighter service, may not be eligible for a line-of-duty
             288      disability benefit due to heart disease, lung disease, or respiratory tract condition for two years
             289      after the firefighter returned to work unless clear and convincing evidence is presented that the
             290      heart disease, lung disease, or respiratory tract condition was directly a result of firefighter
             291      service.
             292          [(3)] (5) The monthly disability retirement benefit is 50% of the member's final average
             293      salary.
             294          Section 5. Section 49-20-406 is amended to read:
             295           49-20-406. Insurance benefits for employees' beneficiaries.
             296          (1) As used in this section:
             297          (a) "Children" includes stepchildren and legally adopted children.
             298          (b) (i) "Line-of-duty death" means a death resulting from:
             299          (A) external force or violence occasioned by an act of duty as an employee[.]; or
             300          (B) strenuous activity, including a heart attack or stroke, that occurs during strenuous
             301      training or another strenuous activity required as an act of duty as an employee.
             302          (ii) "Line-of-duty death" does not include a death that:
             303          (A) occurs during an activity that is required as an act of duty as an employee if the
             304      activity is not strenuous, including an activity that is clerical, administrative, or of a nonmanual
             305      nature contributes to the employee's death;
             306          (B) occurs during the commission of a crime committed by the employee;


             307          (C) the employee's intoxication or use of alcohol or drugs, whether prescribed or
             308      nonprescribed, contributes to the employee's death; or
             309          (D) occurs in a manner other than as described in Subsection (1)(b)(i).
             310          (2) The beneficiary of a covered individual who is employed by the state and who has a
             311      line-of-duty death shall receive:
             312          (a) the proceeds of a $50,000 group term life insurance policy paid for by the state and
             313      administered and provided as part of the group life insurance program under this chapter; and
             314          (b) group health coverage paid for by the state that covers the covered individual's:
             315          (i) surviving spouse until remarriage or becoming eligible for Medicare, whichever
             316      comes first; and
             317          (ii) unmarried children up to the age of 26.
             318          (3) A covered employer not required to provide the benefits under Subsection (2) may
             319      provide either or both of the benefits under Subsection (2) by paying rates established by the
             320      program.
             321          (4) The benefit provided under Subsection (2)(a) is subject to the same terms and
             322      conditions as the group life insurance program provided under this chapter.
             323          Section 6. Section 49-23-102 is amended to read:
             324           49-23-102. Definitions.
             325          As used in this chapter:
             326          (1) (a) "Compensation" means the total amount of payments that are includable in
             327      gross income received by a public safety service employee or a firefighter service employee as
             328      base income for the regularly scheduled work period. The participating employer shall
             329      establish the regularly scheduled work period. Base income shall be determined prior to the
             330      deduction of any amounts the public safety service employee or firefighter service employee
             331      authorizes to be deducted for salary deferral or other benefits authorized by federal law.
             332          (b) "Compensation" includes performance-based bonuses and cost-of-living
             333      adjustments.
             334          (c) "Compensation" does not include:
             335          (i) overtime;
             336          (ii) sick pay incentives;
             337          (iii) retirement pay incentives;


             338          (iv) the monetary value of remuneration paid in kind, as in a residence, use of
             339      equipment or uniform, travel, or similar payments;
             340          (v) a lump-sum payment or special payment covering accumulated leave; and
             341          (vi) all contributions made by a participating employer under this system or under any
             342      other employee benefit system or plan maintained by a participating employer for the benefit of
             343      a member or participant.
             344          (d) "Compensation" for purposes of this chapter may not exceed the amount allowed
             345      under Internal Revenue Code Section 401(a)(17).
             346          (2) "Corresponding Tier I system" means the system or plan that would have covered
             347      the member if the member had initially entered employment before July 1, 2011.
             348          (3) "Final average salary" means the amount computed by averaging the highest five
             349      years of annual compensation preceding retirement subject to Subsections (3)(a), (b), (c), and
             350      (d).
             351          (a) Except as provided in Subsection (3)(b), the percentage increase in annual
             352      compensation in any one of the years used may not exceed the previous year's compensation by
             353      more than 10% plus a cost-of-living adjustment equal to the decrease in the purchasing power
             354      of the dollar during the previous year, as measured by a United States Bureau of Labor
             355      Statistics Consumer Price Index average as determined by the board.
             356          (b) In cases where the participating employer provides acceptable documentation to the
             357      office, the limitation in Subsection (3)(a) may be exceeded if:
             358          (i) the member has transferred from another agency; or
             359          (ii) the member has been promoted to a new position.
             360          (c) If the member retires more than six months from the date of termination of
             361      employment, the member is considered to have been in service at the member's last rate of pay
             362      from the date of the termination of employment to the effective date of retirement for purposes
             363      of computing the member's final average salary only.
             364          (d) If the member has less than five years of service credit in this system, final average
             365      salary means the average annual compensation paid to the member during the full period of
             366      service credit.
             367          (4) "Firefighter service" means employment normally requiring an average of 2,080
             368      hours of regularly scheduled employment per year rendered by a member who is a firefighter


             369      service employee trained in firefighter techniques and assigned to a position of hazardous duty
             370      with a regularly constituted fire department, but does not include secretarial staff or other
             371      similar employees.
             372          (5) "Firefighter service employee" means an employee of a participating employer who
             373      provides firefighter service under this chapter. An employee of a regularly constituted fire
             374      department who does not perform firefighter service is not a firefighter service employee.
             375          (6) (a) "Line-of-duty death" means a death resulting from:
             376          (i) external force, violence, or disease occasioned by an act of duty as a public safety
             377      service or firefighter service employee; or
             378          (ii) strenuous activity, including a heart attack or stroke, that occurs during strenuous
             379      training or another strenuous activity required as an act of duty as a public safety service or
             380      firefighter service employee.
             381          (b) "Line-of-duty death" does not include a death that:
             382          (i) occurs during an activity that is required as an act of duty as a public safety service
             383      or firefighter service employee if the activity is not strenuous, including an activity that is
             384      clerical, administrative, or of a nonmanual nature;
             385          (ii) occurs during the commission of a crime committed by the employee;
             386          (iii) the employee's intoxication or use of alcohol or drugs, whether prescribed or
             387      nonprescribed, contributes to the employee's death; or
             388          (iv) occurs in a manner other than as described in Subsection (6)(a).
             389          [(6)] (7) "Participating employer" means an employer which meets the participation
             390      requirements of:
             391          (a) Sections 49-14-201 and 49-14-202 ;
             392          (b) Sections 49-15-201 and 49-15-202 ;
             393          (c) Sections 49-16-201 and 49-16-202 ; or
             394          (d) Sections 49-23-201 and 49-23-202 .
             395          [(7)] (8) (a) "Public safety service" means employment normally requiring an average
             396      of 2,080 hours of regularly scheduled employment per year rendered by a member who is a:
             397          (i) law enforcement officer in accordance with Section 53-13-103 ;
             398          (ii) correctional officer in accordance with Section 53-13-104 ;
             399          (iii) special function officer approved in accordance with Sections 49-15-201 and


             400      53-13-105 ; and
             401          (iv) full-time member of the Board of Pardons and Parole created under Section
             402      77-27-2 .
             403          (b) Except as provided under Subsection [(7)] (8)(a)(iv), "public safety service" also
             404      requires that in the course of employment the employee's life or personal safety is at risk.
             405          [(8)] (9) "Public safety service employee" means an employee of a participating
             406      employer who performs public safety service under this chapter.
             407          [(9)] (10) "System" means the New Public Safety and Firefighter Tier II Contributory
             408      Retirement System created under this chapter.
             409          [(10)] (11) (a) "Volunteer firefighter" means any individual that is not regularly
             410      employed as a firefighter service employee, but who:
             411          (i) has been trained in firefighter techniques and skills;
             412          (ii) continues to receive regular firefighter training; and
             413          (iii) is on the rolls of a legally organized volunteer fire department which provides
             414      ongoing training and serves a political subdivision of the state.
             415          (b) An individual that volunteers assistance but does not meet the requirements of
             416      Subsection [(10)] (11)(a) is not a volunteer firefighter for purposes of this chapter.
             417          [(11)] (12) "Years of service credit" means:
             418          (a) a period, consisting of 12 full months as determined by the board; or
             419          (b) a period determined by the board, whether consecutive or not, during which a
             420      regular full-time employee performed services for a participating employer, including any time
             421      the regular full-time employee was absent on a paid leave of absence granted by a participating
             422      employer or was absent in the service of the United States government on military duty as
             423      provided by this chapter.
             424          Section 7. Section 49-23-503 is amended to read:
             425           49-23-503. Death of active member in line of duty -- Payment of benefits.
             426          If an active member of this system dies, benefits are payable as follows:
             427          (1) If the death is classified by the office as a line-of-duty death, benefits are payable as
             428      follows:
             429          (a) If the member has accrued less than 20 years of public safety service or firefighter
             430      service credit, the spouse at the time of death shall receive a lump sum of $1,000 and an


             431      allowance equal to 30% of the member's final average monthly salary.
             432          (b) If the member has accrued 20 or more years of public safety service or firefighter
             433      service credit, the member shall be considered to have retired with an Option One allowance
             434      calculated without an actuarial reduction under Section 49-23-304 and the spouse at the time of
             435      death shall receive the allowance that would have been payable to the member.
             436          (2) (a) A volunteer firefighter is eligible for a line-of-duty death benefit under this
             437      section if the death results from external force, violence, or disease directly resulting from
             438      firefighter service.
             439          (b) The lowest monthly compensation of firefighters of a city of the first class in this
             440      state at the time of death shall be considered to be the final average monthly salary of a
             441      volunteer firefighter for purposes of computing these benefits.
             442          (c) Each volunteer fire department shall maintain a current roll of all volunteer
             443      firefighters which meet the requirements of Subsection 49-23-102 [(10)](11) to determine the
             444      eligibility for this benefit.
             445          (3) (a) If the death is classified as a line-of-duty death by the office, death benefits are
             446      payable under this section and the spouse at the time of death is not eligible for benefits under
             447      Section 49-23-502 .
             448          (b) If the death is not classified as a line-of-duty death by the office, benefits are
             449      payable in accordance with Section 49-23-502 .




Legislative Review Note
    as of 11-14-12 12:09 PM


Office of Legislative Research and General Counsel


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