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7 LONG TITLE
8 General Description:
9 This bill modifies the Utah State Retirement and Insurance Benefit Act by amending
10 certain death benefits.
11 Highlighted Provisions:
12 This bill:
13 ▸ provides that a former spouse of a member who dies before retiring may receive a
14 death benefit in certain circumstances; and
15 ▸ makes technical changes.
16 Money Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 49-12-405, as last amended by Laws of Utah 2011, Chapter 439
23 49-13-405, as last amended by Laws of Utah 2011, Chapter 439
24 49-22-502, as last amended by Laws of Utah 2011, Chapter 439
25 49-23-502, as last amended by Laws of Utah 2011, Chapter 439
26 49-23-503, as last amended by Laws of Utah 2014, Chapter 15
27 ENACTS:
28 49-14-507, Utah Code Annotated 1953
29 49-15-507, Utah Code Annotated 1953
30 49-16-508, Utah Code Annotated 1953
31 49-17-503, Utah Code Annotated 1953
32 49-18-503, Utah Code Annotated 1953
33 49-19-502, Utah Code Annotated 1953
34
35 Be it enacted by the Legislature of the state of Utah:
36 Section 1. Section 49-12-405 is amended to read:
37 49-12-405. Death of married member -- Service retirement benefits to surviving
38 spouse.
39 (1) As used in this section, "surviving spouse" means:
40 (a) the lawful spouse who has been married to the member for at least six months
41 immediately prior to the death date of the member; or
42 (b) a former spouse of a member with a valid domestic relations order benefits on file
43 with the office prior to the member's death date in accordance with Section 49-11-612.
44 [
45
46 Three on the first day of the month following the month in which the member died if the
47 following requirements are met:
48 (a) the member has:
49 (i) 25 or more years of service credit;
50 (ii) attained age 60 with 20 or more years of service credit;
51 (iii) attained age 62 with 10 or more years of service credit; or
52 (iv) attained age 65 with four or more years of service credit; and
53 (b) the member dies leaving a surviving spouse [
54
55 (2) The surviving spouse who requests a benefit under this section shall apply in
56 writing to the office. The allowance shall begin on the first day of the month:
57 (a) following the month in which the member died, if the application is received by the
58 office within 90 days of the member's death; or
59 (b) following the month in which the application is received by the office, if the
60 application is received by the office more than 90 days after the [
61 (3) The Option Three benefit calculation, when there are 25 or more years of service
62 credit, shall be calculated without a reduction in allowance under Section 49-12-402.
63 (4) The benefit calculation for a surviving spouse with a valid domestic relations order
64 benefits on file with the office prior to the member's death date in accordance with Section
65 49-11-612 is calculated according to the manner in which the court order specified benefits to
66 be partitioned, whether as a fixed amount or as a percentage of the benefit.
67 [
68 section are retirement benefits and shall be paid in addition to any payments made under
69 Section 49-12-501 and constitute a full and final settlement of the claim of the surviving
70 spouse or any other beneficiary filing claim for benefits under Section 49-12-501.
71 (6) If the death benefits under this section are proportioned among more than one
72 surviving spouse due to domestic relations order benefits on file with the office prior to the
73 member's death date in accordance with Section 49-11-612, the total amount received by the
74 surviving spouses may not exceed the death benefits normally provided to one surviving
75 spouse under this section.
76 Section 2. Section 49-13-405 is amended to read:
77 49-13-405. Death of married members -- Service retirement benefits to surviving
78 spouse.
79 (1) As used in this section[
80 (a) "Member's full allowance" means an Option Three allowance calculated under
81 Section 49-13-402 without an actuarial reduction.
82 (b) "Surviving spouse" means:
83 (i) the lawful spouse who has been married to the member for at least six months
84 immediately prior to the death date of the member; or
85 (ii) a former spouse of a member with a valid domestic relations order benefits on file
86 with the office prior to the member's death date in accordance with Section 49-11-612.
87 (2) Upon the request of a deceased member's [
88
89 the first day of the month following the month in which the member died if the following
90 requirements are met:
91 (a) the member has:
92 (i) 15 or more years of service credit;
93 (ii) attained age 62 with 10 or more years of service credit; or
94 (iii) attained age 65 with four or more years of service credit; and
95 (b) the member dies leaving a surviving spouse [
96
97 (3) The surviving spouse who requests a benefit under this section shall apply in
98 writing to the office. The allowance shall begin on the first day of the month:
99 (a) following the month in which the member died, if the application is received by the
100 office within 90 days of the member's death; or
101 (b) following the month in which the application is received by the office, if the
102 application is received by the office more than 90 days after the [
103 (4) The allowance payable to a surviving spouse under Subsection (2) is:
104 (a) if the member has 25 or more years of service credit at the time of death, the
105 surviving spouse shall receive the member's full allowance;
106 (b) if the member has between 20-24 years of service credit and is not age 60 or older
107 at the time of death, the surviving spouse shall receive two-thirds of the member's full
108 allowance;
109 (c) if the member has between 15-19 years of service credit and is not age 62 or older
110 at the time of death, the surviving spouse shall receive one-third of the member's full
111 allowance; or
112 (d) if the member is age 60 or older with 20 or more years of service credit, age 62 or
113 older with 10 or more years of service credit, or age 65 or older with four or more years of
114 service credit at the time of death, the surviving spouse shall receive an Option Three benefit
115 with actuarial reductions.
116 (5) The benefit calculation for a surviving spouse with a valid domestic relations order
117 benefits on file with the office prior to the member's death date in accordance with Section
118 49-11-612 is calculated according to the manner in which the court order specified benefits to
119 be partitioned, whether as a fixed amount or as a percentage of the benefit.
120 [
121 section are retirement benefits and shall be paid in addition to any other payments made under
122 Section 49-13-501 and shall constitute a full and final settlement of the claim of the spouse or
123 any other beneficiary filing a claim for benefits under Section 49-13-501.
124 (7) If the death benefits under this section are proportioned among more than one
125 surviving spouse due to domestic relations order benefits on file with the office prior to the
126 member's death date in accordance with Section 49-11-612, the total amount received by the
127 surviving spouses may not exceed the death benefits normally provided to one surviving
128 spouse under this section.
129 Section 3. Section 49-14-507 is enacted to read:
130 49-14-507. Spouse at the time of death includes certain former spouses -- Benefit
131 calculation for former spouse.
132 (1) As used in this part, "spouse at the time of death" includes a former spouse of a
133 member who is under a domestic relations order benefits on file with the office prior to the
134 member's death date in accordance with Section 49-11-612.
135 (2) The benefit calculation for a surviving spouse with a valid domestic relations order
136 benefits on file with the office prior to the member's death date in accordance with Section
137 49-11-612 is calculated according to the manner in which the court order specified benefits to
138 be partitioned, whether as a fixed amount or as a percentage of the benefit.
139 (3) If the death benefits under this section are proportioned among more than one
140 surviving spouse due to domestic relations order benefits on file with the office prior to the
141 member's death date in accordance with Section 49-11-612, the total amount received by the
142 surviving spouses may not exceed the death benefits normally provided to one surviving
143 spouse under this section.
144 Section 4. Section 49-15-507 is enacted to read:
145 49-15-507. Spouse at the time of death includes certain former spouses -- Benefit
146 calculation for former spouse.
147 (1) As used in this part, "spouse at the time of death" includes a former spouse of a
148 member who is under a domestic relations order benefits on file with the office prior to the
149 member's death date in accordance with Section 49-11-612.
150 (2) The benefit calculation for a surviving spouse with a valid domestic relations order
151 benefits on file with the office prior to the member's death date in accordance with Section
152 49-11-612 is calculated according to the manner in which the court order specified benefits to
153 be partitioned, whether as a fixed amount or as a percentage of the benefit.
154 (3) If the death benefits under this section are proportioned among more than one
155 surviving spouse due to domestic relations order benefits on file with the office prior to the
156 member's death date in accordance with Section 49-11-612, the total amount received by the
157 surviving spouses may not exceed the death benefits normally provided to one surviving
158 spouse under this section.
159 Section 5. Section 49-16-508 is enacted to read:
160 49-16-508. Spouse at the time of death includes certain former spouses -- Benefit
161 calculation for former spouse.
162 (1) As used in this part, "spouse at the time of death" includes a former spouse of a
163 member who is under a domestic relations order benefits on file with the office prior to the
164 member's death date in accordance with Section 49-11-612.
165 (2) The benefit calculation for a surviving spouse with a valid domestic relations order
166 benefits on file with the office prior to the member's death date in accordance with Section
167 49-11-612 is calculated according to the manner in which the court order specified benefits to
168 be partitioned, whether as a fixed amount or as a percentage of the benefit.
169 (3) If the death benefits under this section are proportioned among more than one
170 surviving spouse due to domestic relations order benefits on file with the office prior to the
171 member's death date in accordance with Section 49-11-612, the total amount received by the
172 surviving spouses may not exceed the death benefits normally provided to one surviving
173 spouse under this section.
174 Section 6. Section 49-17-503 is enacted to read:
175 49-17-503. Spouse at the time of death includes certain former spouses -- Benefit
176 calculation for former spouse.
177 (1) As used in this part, "spouse at the time of death" includes a former spouse of a
178 member who is under a domestic relations order benefits on file with the office prior to the
179 member's death date in accordance with Section 49-11-612.
180 (2) The benefit calculation for a surviving spouse with a valid domestic relations order
181 benefits on file with the office prior to the member's death date in accordance with Section
182 49-11-612 is calculated according to the manner in which the court order specified benefits to
183 be partitioned, whether as a fixed amount or as a percentage of the benefit.
184 (3) If the death benefits under this section are proportioned among more than one
185 surviving spouse due to domestic relations order benefits on file with the office prior to the
186 member's death date in accordance with Section 49-11-612, the total amount received by the
187 surviving spouses may not exceed the death benefits normally provided to one surviving
188 spouse under this section.
189 Section 7. Section 49-18-503 is enacted to read:
190 49-18-503. Spouse at the time of death includes certain former spouses -- Benefit
191 calculation for former spouse.
192 (1) As used in this part, "spouse at the time of death" includes a former spouse of a
193 member who is under a domestic relations order benefits on file with the office prior to the
194 member's death date in accordance with Section 49-11-612.
195 (2) The benefit calculation for a surviving spouse with a valid domestic relations order
196 benefits on file with the office prior to the member's death date in accordance with Section
197 49-11-612 is calculated according to the manner in which the court order specified benefits to
198 be partitioned, whether as a fixed amount or as a percentage of the benefit.
199 (3) If the death benefits under this section are proportioned among more than one
200 surviving spouse due to domestic relations order benefits on file with the office prior to the
201 member's death date in accordance with Section 49-11-612, the total amount received by the
202 surviving spouses may not exceed the death benefits normally provided to one surviving
203 spouse under this section.
204 Section 8. Section 49-19-502 is enacted to read:
205 49-19-502. Spouse at the time of death includes certain former spouses -- Benefit
206 calculation for former spouse.
207 (1) As used in this part, "spouse at the time of death" includes a former spouse of a
208 member who is under a domestic relations order benefits on file with the office prior to the
209 member's death date in accordance with Section 49-11-612.
210 (2) The benefit calculation for a surviving spouse with a valid domestic relations order
211 benefits on file with the office prior to the member's death date in accordance with Section
212 49-11-612 is calculated according to the manner in which the court order specified benefits to
213 be partitioned, whether as a fixed amount or as a percentage of the benefit.
214 (3) If the death benefits under this section are proportioned among more than one
215 surviving spouse due to domestic relations order benefits on file with the office prior to the
216 member's death date in accordance with Section 49-11-612, the total amount received by the
217 surviving spouses may not exceed the death benefits normally provided to one surviving
218 spouse under this section.
219 Section 9. Section 49-22-502 is amended to read:
220 49-22-502. Death of married members -- Service retirement benefits to surviving
221 spouse.
222 (1) As used in this section[
223 (a) "Member's full allowance" means an Option Three allowance calculated under
224 Section 49-22-305 without an actuarial reduction.
225 (b) "Surviving spouse" means:
226 (i) the lawful spouse who has been married to the member for at least six months
227 immediately prior to the death date of the member; or
228 (ii) a former spouse of a member with a valid domestic relations order benefits on file
229 with the office prior to the member's death date in accordance with Section 49-11-612.
230 (2) Upon the request of a deceased member's [
231
232 the first day of the month following the month in which the member died if the following
233 requirements are met:
234 (a) the member has:
235 (i) 15 or more years of service credit;
236 (ii) attained age 62 with 10 or more years of service credit; or
237 (iii) attained age 65 with four or more years of service credit; and
238 (b) the member dies leaving a surviving spouse [
239
240 (3) The surviving spouse who requests a benefit under this section shall apply in
241 writing to the office. The allowance shall begin on the first day of the month:
242 (a) following the month in which the member died, if the application is received by the
243 office within 90 days of the member's death; or
244 (b) following the month in which the application is received by the office, if the
245 application is received by the office more than 90 days after the [
246 (4) The allowance payable to a surviving spouse under Subsection (2) is as follows:
247 (a) if the member has 25 or more years of service credit at the time of death, the
248 surviving spouse shall receive the member's full allowance;
249 (b) if the member has between 20-24 years of service credit and is not age 60 or older
250 at the time of death, the surviving spouse shall receive 2/3 of the member's full allowance;
251 (c) if the member has between 15-19 years of service credit and is not age 62 or older
252 at the time of death, the surviving spouse shall receive 1/3 of the member's full allowance; or
253 (d) if the member is age 60 or older with 20 or more years of service credit, age 62 or
254 older with 10 or more years of service credit, or age 65 or older with four or more years of
255 service credit at the time of death, the surviving spouse shall receive an Option Three benefit
256 with actuarial reductions.
257 (5) The benefit calculation for a surviving spouse with a valid domestic relations order
258 benefits on file with the office prior to the member's death date in accordance with Section
259 49-11-612 is calculated according to the manner in which the court order specified benefits to
260 be partitioned, whether as a fixed amount or as a percentage of the benefit.
261 [
262 section are retirement benefits and shall be paid in addition to any other payments made under
263 Section 49-22-501 and shall constitute a full and final settlement of the claim of the surviving
264 spouse or any other beneficiary filing a claim for benefits under Section 49-22-501.
265 (7) If the death benefits under this section are proportioned among more than one
266 surviving spouse due to domestic relations order benefits on file with the office prior to the
267 member's death date in accordance with Section 49-11-612, the total amount received by the
268 surviving spouses may not exceed the death benefits normally provided to one surviving
269 spouse under this section.
270 Section 10. Section 49-23-502 is amended to read:
271 49-23-502. Death of married members -- Service retirement benefits to surviving
272 spouse.
273 (1) As used in this section[
274 (a) "Member's full allowance" means an Option Three allowance calculated under
275 Section 49-23-304 without an actuarial reduction.
276 (b) "Surviving spouse" means:
277 (i) the lawful spouse who has been married to the member for at least six months
278 immediately prior to the death date of the member; or
279 (ii) a former spouse of a member with a valid domestic relations order benefits on file
280 with the office prior to the member's death date in accordance with Section 49-11-612.
281 (2) Upon the request of a deceased member's [
282 the member's death, the deceased member is considered to have retired under Option Three on
283 the first day of the month following the month in which the member died if the following
284 requirements are met:
285 (a) the member has:
286 (i) 15 or more years of service credit;
287 (ii) attained age 62 with 10 or more years of service credit; or
288 (iii) attained age 65 with four or more years of service credit; and
289 (b) the member dies leaving a surviving spouse [
290
291 (3) The spouse who requests a benefit under this section shall apply in writing to the
292 office. The allowance shall begin on the first day of the month:
293 (a) following the month in which the member died, if the application is received by the
294 office within 90 days of the member's death; or
295 (b) following the month in which the application is received by the office, if the
296 application is received by the office more than 90 days after the [
297 (4) The allowance payable to a surviving spouse under Subsection (2) is:
298 (a) if the member has 25 or more years of service credit at the time of death, the
299 surviving spouse shall receive the member's full allowance;
300 (b) if the member has between 20-24 years of service credit and is not age 60 or older
301 at the time of death, the surviving spouse shall receive two-thirds of the member's full
302 allowance;
303 (c) if the member has between 15-19 years of service credit and is not age 62 or older
304 at the time of death, the surviving spouse shall receive one-third of the member's full
305 allowance; or
306 (d) if the member is age 60 or older with 20 or more years of service credit, age 62 or
307 older with 10 or more years of service credit, or age 65 or older with four or more years of
308 service credit at the time of death, the surviving spouse shall receive an Option Three benefit
309 with actuarial reductions.
310 (5) The benefit calculation for a surviving spouse with a valid domestic relations order
311 benefits on file with the office prior to the member's death date in accordance with Section
312 49-11-612 is calculated according to the manner in which the court order specified benefits to
313 be partitioned, whether as a fixed amount or as a percentage of the benefit.
314 [
315 section are retirement benefits and shall be paid in addition to any other payments made under
316 Section 49-23-501 and shall constitute a full and final settlement of the claim of the surviving
317 spouse or any other beneficiary filing a claim for benefits under Section 49-23-501.
318 (7) If the death benefits under this section or Section 49-23-503 are proportioned
319 among more than one surviving spouse due to domestic relations order benefits on file with the
320 office prior to the member's death date in accordance with Section 49-11-612, the total amount
321 received by the surviving spouses may not exceed the death benefits normally provided to one
322 surviving spouse under this section.
323 Section 11. Section 49-23-503 is amended to read:
324 49-23-503. Death of active member in line of duty -- Payment of benefits.
325 If an active member of this system dies, benefits are payable as follows:
326 (1) If the death is classified by the office as a line-of-duty death, benefits are payable as
327 follows:
328 (a) If the member has accrued less than 20 years of public safety service or firefighter
329 service credit, the surviving spouse [
330 and an allowance equal to 30% of the member's final average monthly salary.
331 (b) If the member has accrued 20 or more years of public safety service or firefighter
332 service credit, the member shall be considered to have retired with an Option One allowance
333 calculated without an actuarial reduction under Section 49-23-304 and the surviving spouse [
334
335 (2) (a) A volunteer firefighter is eligible for a line-of-duty death benefit under this
336 section if the death results from external force, violence, or disease directly resulting from
337 firefighter service.
338 (b) The lowest monthly compensation of firefighters of a city of the first class in this
339 state at the time of death shall be considered to be the final average monthly salary of a
340 volunteer firefighter for purposes of computing these benefits.
341 (c) Each volunteer fire department shall maintain a current roll of all volunteer
342 firefighters which meet the requirements of Subsection 49-23-102(12) to determine the
343 eligibility for this benefit.
344 (3) (a) If the death is classified as a line-of-duty death by the office, death benefits are
345 payable under this section and the surviving spouse [
346 benefits under Section 49-23-502.
347 (b) If the death is not classified as a line-of-duty death by the office, benefits are
348 payable in accordance with Section 49-23-502.
349 (4) (a) A surviving spouse who qualifies for a monthly benefit under this section shall
350 apply in writing to the office.
351 (b) The allowance shall begin on the first day of the month following the month in
352 which the:
353 (i) member or participant died, if the application is received by the office within 90
354 days of the date of death of the member or participant; or
355 (ii) application is received by the office, if the application is received by the office
356 more than 90 days after the date of death of the member or participant.