Chief Sponsor: Deidre M. Henderson

House Sponsor: Steve Eliason


9     General Description:
10          This bill modifies the Utah State Personnel Management Act and the State Employees'
11     Annual Leave Program II Trust Fund Act by amending state employee leave provisions.
12     Highlighted Provisions:
13          This bill:
14          ▸     amends the name of the "State Employees' Annual Leave Program II Trust Fund" to
15     the "State Employees' Annual Leave Trust Fund";
16          ▸     allows certain transfers to the State Employees' Annual Leave Trust Fund from the
17     termination pool for annual leave liabilities and allows costs for both annual leave
18     and annual leave II to be paid from the fund;
19          ▸     prohibits a creditor from obtaining assets of the trust fund; and
20          ▸     makes technical changes.
21     Money Appropriated in this Bill:
22          None
23     Other Special Clauses:
24          None
25     Utah Code Sections Affected:
26     AMENDS:
27          67-19-14.6, as enacted by Laws of Utah 2014, Chapter 437

28          67-19f-101, as enacted by Laws of Utah 2014, Chapter 437
29          67-19f-102, as enacted by Laws of Utah 2014, Chapter 437
30          67-19f-201, as enacted by Laws of Utah 2014, Chapter 437
31          67-19f-202, as enacted by Laws of Utah 2014, Chapter 437

33     Be it enacted by the Legislature of the state of Utah:
34          Section 1. Section 67-19-14.6 is amended to read:
35          67-19-14.6. Annual leave -- Definitions -- Previously accrued hours -- Recognition
36     of liability.
37          (1) As used in this section:
38          (a) (i) "Annual leave II" means leave hours an employing agency provides to an
39     employee, beginning on the change date established in Subsection (2), as time off from work
40     for personal use without affecting the employee's pay.
41          (ii) "Annual leave II" does not include:
42          (A) legal holidays under Section 63G-1-301;
43          (B) time off as compensation for actual time worked in excess of an employee's
44     defined work period;
45          (C) sick leave;
46          (D) paid or unpaid administrative leave; or
47          (E) other paid or unpaid leave from work provided by state statute, administrative rule,
48     or by federal law or regulation.
49          (b) "Change date" means the date established by the Division of Finance under
50     Subsection (2) when annual leave II begins for a state agency.
51          (2) In accordance with the Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
52     the Division of Finance shall establish a date that is no later than January 2, 2016, when a state
53     agency shall offer annual leave II in lieu of annual leave to an employee who is eligible to
54     receive paid leave.
55          (3) An employing agency shall allow an employee who has an unused balance of
56     accrued annual leave before the change date, to use the annual leave under the same rules that
57     applied to the leave on the change date.
58          (4) (a) At the time of employee accrual of annual leave II, an employing agency shall

59     set aside the cost of each hour of annual leave II for each eligible employee in an amount
60     determined in accordance with rules made by the Division of Finance.
61          (b) The rules made under Subsection (4)(a) shall consider:
62          (i) the employee hourly rate of pay;
63          (ii) applicable employer paid taxes that would be required if the employee was paid for
64     the annual leave II instead of using it for time off;
65          (iii) other applicable employer paid benefits; and
66          (iv) adjustments due to employee hourly rate changes, including the effect on accrued
67     annual leave II balances.
68          (5) The cost set aside under Subsection (4) shall be deposited by the Division of
69     Finance into the State Employees' Annual Leave [Program II] Trust Fund created in Section
70     67-19f-201.
71          (6) For annual leave hours accrued before the change date, an employing agency shall
72     continue to comply with the Division of Finance requirements for contributions to the
73     termination pool.
74          (7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:
75          (a) the department shall make rules for the accrual and use of annual leave II provided
76     under this section; and
77          (b) the Division of Finance shall make rules for the set aside provisions under
78     Subsections (4) and (5).
79          Section 2. Section 67-19f-101 is amended to read:


82          67-19f-101. Title.
83          This chapter is known as the "State Employees' Annual Leave [Program II] Trust Fund
84     Act."
85          Section 3. Section 67-19f-102 is amended to read:
86          67-19f-102. Definitions.
87          As used in this chapter:
88          (1) "Annual leave II" is as defined in Section 67-19-14.6.
89          (2) "Board of trustees" or "board" means the board of trustees created in Section

90     67-19f-202.
91          (3) "Income" means the revenues received by the state treasurer from investments of
92     the trust fund principal.
93          (4) "Trust fund" means the State Employees' Annual Leave [Program II] Trust Fund
94     created in Section 67-19f-201.
95          Section 4. Section 67-19f-201 is amended to read:
96          67-19f-201. Trust fund -- Creation -- Oversight -- Dissolution.
97          (1) There is created a trust fund entitled the "State Employees' Annual Leave [Program
98     II] Trust Fund."
99          (2) The trust fund consists of:
100          (a) ongoing revenue provided from a state agency set aside for accrued annual leave II
101     required under Section 67-19-14.6;
102          (b) appropriations made to the trust fund by the Legislature, if any;
103          (c) transfers from the termination pool described in Subsection 67-19-14.6(6) made by
104     the Division of Finance to the trust fund for annual leave liabilities accrued before the change
105     date established under Section 67-19-14.6;
106          [(c)] (d) income; and
107          [(d)] (e) revenue received from other sources.
108          (3) The Division of Finance shall account for the receipt and expenditures of trust fund
109     money.
110          (4) (a) The state treasurer shall invest trust fund money by following the procedures
111     and requirements of Part 3, Investment of Trust Funds.
112          (b) (i) The trust fund shall earn interest.
113          (ii) The state treasurer shall deposit all interest or other income earned from investment
114     of the trust fund back into the trust fund.
115          (5) The board of trustees created in Section 67-19f-202 may expend money from the
116     trust fund for:
117          (a) reimbursement to the employer of the costs paid to the trust fund in accordance
118     with Section 67-19-14.6 as annual leave II is used by an employee; [and]
119          (b) payments based on accrued annual leave and on accrued annual leave II that are
120     made upon termination of an employee; and

121          [(b)] (c) reasonable administrative costs that the board of trustees incurs in performing
122     its duties as trustee of the trust fund.
123          (6) The board of trustees shall ensure that:
124          (a) money deposited into the trust fund is [expended only for the costs of annual leave
125     II, including any allotted benefits under Subsection 67-19-14.6(4)] irrevocable and is expended
126     only for the costs described in Subsection (5); and
127          (b) assets of the trust fund are dedicated to providing annual leave and annual leave II
128     established by statute and rule.
129          (7) A creditor of the board of trustees or a state agency liable for annual leave benefits
130     may not seize, attach, or otherwise obtain assets of the trust fund.
131          Section 5. Section 67-19f-202 is amended to read:
132          67-19f-202. Board of trustees of the State Employees' Annual Leave Trust Fund.
133          (1) (a) There is created a board of trustees of the State Employees' Annual Leave
134     [Program II] Trust Fund composed of the following three members:
135          (i) the state treasurer or the state treasurer's designee;
136          (ii) the director of the Division of Finance or the director's designee; and
137          (iii) the executive director of the Governor's Office of Management and Budget or the
138     executive director's designee.
139          (b) The state treasurer is chair of the board.
140          (c) Three members of the board is a quorum.
141          (d) A member may not receive compensation or benefits for the member's service, but
142     may receive per diem and travel expenses as allowed in:
143          (i) Section 63A-3-106;
144          (ii) Section 63A-3-107; and
145          (iii) rules made by the Division of Finance according to Sections 63A-3-106 and
146     63A-3-107.
147          (e) (i) Except as provided in Subsection (1)(e)(ii), the state treasurer shall staff the
148     board of trustees.
149          (ii) The Division of Finance shall provide accounting services for the trust fund.
150          (2) The board shall:
151          (a) on behalf of the state, act as trustee of the trust fund created under Section

152     67-19f-201 and exercise the state's fiduciary responsibilities;
153          (b) meet at least twice per year;
154          (c) review and approve the policies, projections, rules, criteria, procedures, forms,
155     standards, performance goals, and actuarial reports for the trust fund;
156          (d) review and approve the budget for the trust fund;
157          (e) review financial records for the trust fund, including trust fund receipts,
158     expenditures, and investments; and
159          (f) do any other things necessary to perform the state's fiduciary obligations under the
160     trust fund.
161          (3) The board may:
162          (a) commission and obtain actuarial studies of the liabilities for the trust fund; and
163          (b) for purposes of the trust fund, establish labor additive rates to charge for the
164     administrative expenses of the trust fund.
165          (4) The attorney general shall:
166          (a) act as legal counsel and provide legal representation to the board of trustees; and
167          (b) attend, or direct an attorney from the Office of the Attorney General to attend, each
168     meeting of the board of trustees.

Legislative Review Note
     as of 1-9-15 9:25 AM

Office of Legislative Research and General Counsel