2
3
4
5
6 Cosponsors:
7 Gage Froerer
8 Eric K. Hutchings
9 Don L. Ipson
David E. Lifferth
Merrill F. Nelson
Michael E. Noel
Curtis Oda
Lee B. Perry
Dixon M. Pitcher
10
11 LONG TITLE
12 General Description:
13 This bill provides for a death gratuity for the next of kin of a National Guard member
14 who dies while on state active duty.
15 Highlighted Provisions:
16 This bill:
17 ▸ provides for a $100,000 death gratuity for the next-of-kin of a National Guard
18 member who dies while on state active duty.
19 Money Appropriated in this Bill:
20 This bill appropriates:
21 ▸ to the National Guard Death Benefit Account, as an ongoing appropriation from the
22 General Fund, $9,500.
23 Other Special Clauses:
24 None
25 Utah Code Sections Affected:
26 ENACTS:
27 39-1-59.5, Utah Code Annotated 1953
28 REPEALS AND REENACTS:
29 39-1-59, as last amended by Laws of Utah 2011, Chapter 366
30
31 Be it enacted by the Legislature of the state of Utah:
32 Section 1. Section 39-1-59 is repealed and reenacted to read:
33 39-1-59. Compensation for injury or death.
34 Within 72 hours of the reported death of a member of the National Guard on state
35 active duty, the state shall provide a death gratuity payment of $100,000 to:
36 (1) the person designated as the recipient of the member's unpaid pay and allowances
37 in the member's service record; or
38 (2) if no one is designated, the designated person cannot be found, or the designated
39 person has predeceased the member, the member's heirs in accordance with Title 75, Chapter 2,
40 Part 1, Intestate Succession.
41 Section 2. Section 39-1-59.5 is enacted to read:
42 39-1-59.5. National Guard Death Benefit Restricted Account.
43 (1) There is created within the General Fund a restricted account known as "National
44 Guard Death Benefit Account."
45 (2) (a) The restricted account shall be funded from funds appropriated by the
46 Legislature.
47 (b) Funds in the restricted account may only be used to pay the death benefit authorized
48 in Section 39-1-59.
49 (c) The restricted account may accrue interest which shall be deposited into the
50 restricted account.
51 (d) At the close of any fiscal year, any balance in the fund in excess of $2,000,000 shall
52 be transferred to the General Fund.
53 Section 3. Appropriation.
54 Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, for
55 the fiscal year beginning July 1, 2016, and ending June 30, 2017, the following sums of money
56 are appropriated from resources not otherwise appropriated, or reduced from amounts
57 previously appropriated, out of the funds or amounts indicated. These sums of money are in
58 addition to amounts previously appropriated for fiscal year 2017.
59 To the National Guard Death Benefit Account as an ongoing appropriation
60 From the General Fund
$9,500