Chief Sponsor: Daniel McCay

Senate Sponsor: Todd Weiler


8     General Description:
9          This bill modifies the Utah State Retirement and Insurance Benefit Act by amending
10     provisions for receiving retirement benefits.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     provides that a member shall forfeit certain retirement benefits under a system or
15     plan administered by the Utah State Retirement Board if the member is convicted of
16     certain employment related offenses;
17          ▸     provides for notifications to the Utah State Retirement Office;
18          ▸     provides for certain determinations by a participating employer on whether the
19     member's conviction is for an employment related offense;
20          ▸     provides an appeals process;
21          ▸     provides for certain rulemaking; and
22          ▸     provides a severability clause.
23     Money Appropriated in this Bill:
24          None
25     Other Special Clauses:
26          None
27     Utah Code Sections Affected:

28     ENACTS:
29          49-11-1201, Utah Code Annotated 1953

31     Be it enacted by the Legislature of the state of Utah:
32          Section 1. Section 49-11-1201 is enacted to read:
33          49-11-1201. Forfeiture of retirement benefits for employees for employment
34     related offense convictions -- Notifications -- Investigations -- Appeals.
35          (1) As used in this section:
36          (a) "Convicted" means a conviction by plea or by verdict, including a plea of guilty or a
37     plea of no contest that is held in abeyance under Title 77, Chapter 2a, Pleas in Abeyance,
38     regardless of whether the charge was, or is, subsequently reduced or dismissed in accordance
39     with the plea in abeyance agreement.
40          (b) "Employee" means a member of a system or plan administered by the board.
41          (c) "Employment related offense" means a felony committed during employment or the
42     term of an elected or appointed office with a participating employer that is:
43          (i) during the performance of the employee's duties;
44          (ii) within the scope of the employee's employment; or
45          (iii) under color of the employee's authority.
46          (2) (a) Notwithstanding any other provision of this title, an employee shall forfeit
47     accrual of service credit, employer retirement related contributions, including employer
48     contributions to the employer sponsored defined contribution plans, or other retirement related
49     benefits from a system or plan under this title in accordance with this section.
50          (b) The forfeiture of retirement related benefits under Subsection (2)(a) does not
51     include the employee's contribution to a defined contribution plan.
52          (3) An employee shall forfeit the benefits described under Subsection (2)(a):
53          (a) if the employee is convicted of an employment related offense;
54          (b) beginning on the day on which the employment related offense occurred; and
55          (c) until the employee is either:
56          (i) re-elected or reappointed to office; or
57          (ii) (A) terminated from the position for which the employee was found to have
58     committed an employment related offense; and

59          (B) rehired or hired as an employee who is eligible to be a member of a Utah state
60     retirement system or plan.
61          (4) The employee's participating employer shall:
62          (a) immediately notify the office:
63          (i) if an employee is charged with an offense that is or may be an employment related
64     offense under this section; and
65          (ii) if the employee described in Subsection (4)(a)(i) is acquitted of the offense that is
66     or may be an employment related offense under this section; and
67          (b) if the employee is convicted of an offense that may be an employment related
68     offense:
69          (i) conduct an investigation, which may rely on the conviction, to determine:
70          (A) whether the conviction is for an employment related offense; and
71          (B) the date on which the employment related offense was initially committed; and
72          (ii) after the period of time for an appeal by an employee under Subsection (5),
73     immediately notify the office of the employer's determination under this Subsection (4)(b).
74          (5) An employee may appeal the employee's participating employer's determination
75     under Subsection (4)(b) in accordance with Title 63G, Chapter 4, Administrative Procedures
76     Act.
77          (6) Upon receiving a notification from a participating employer that the participating
78     employer has made a determination under Subsection (4)(b) that the conviction was for an
79     employment related offense, the office shall immediately forfeit any service credit, employer
80     retirement related contributions, including employer contributions to the employer sponsored
81     contribution plans, or other retirement related benefits accrued by or made for the benefit of the
82     employee, beginning on the date of the initial employment related offense determined under
83     Subsection (4)(b).
84          (7) This section applies to an employee who is convicted on or after the effective date
85     of this act for an employment related offense.
86          (8) The board may make rules to implement this section.
87          (9) If any provision of this section, or the application of any provision to any person or
88     circumstance, is held invalid, the remainder of this section shall be given effect without the
89     invalid provision or application.

Legislative Review Note
Office of Legislative Research and General Counsel