1     
RETIREMENT SYSTEMS AMENDMENTS

2     
2018 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Jefferson Moss

5     
Senate Sponsor: Daniel Hemmert

6     

7     LONG TITLE
8     General Description:
9          This bill modifies the Utah State Retirement and Insurance Benefit Act by amending
10     retirement and insurance provisions.
11     Highlighted Provisions:
12          This bill:
13          ▸     clarifies that the Utah State Retirement Investment Fund may sue and be sued in its
14     own name;
15          ▸     requires a participating employer to provide certain records to the Utah Retirement
16     Systems or its independent auditors;
17          ▸     modifies when a domestic relations order must be received by the Utah Retirement
18     Systems to be valid for determining benefits following a member's death;
19          ▸     modifies cancellation, reinstatement, and calculation provisions for a retiree's
20     retirement allowance affected by reemployment;
21          ▸     requires a participating employer to maintain a list of employee exemptions instead
22     of filing it annually with the Utah Retirement Systems; and
23          ▸     makes technical changes.
24     Money Appropriated in this Bill:
25          None
26     Other Special Clauses:
27          This bill provides a special effective date.
28     Utah Code Sections Affected:
29     AMENDS:

30          49-11-103, as renumbered and amended by Laws of Utah 2002, Chapter 250
31          49-11-301, as last amended by Laws of Utah 2016, Chapter 304
32          49-11-604, as last amended by Laws of Utah 2003, Chapter 240
33          49-11-612, as last amended by Laws of Utah 2015, Chapter 243
34          49-11-1204, as enacted by Laws of Utah 2016, Chapter 310
35          49-12-203, as last amended by Laws of Utah 2017, Chapters 20, 363 and last amended
36     by Coordination Clause, Laws of Utah 2017, Chapter 382
37          49-13-203, as last amended by Laws of Utah 2017, Chapters 20, 363 and last amended
38     by Coordination Clause, Laws of Utah 2017, Chapter 382
39          49-14-501, as last amended by Laws of Utah 2016, Chapter 84
40          49-15-501, as last amended by Laws of Utah 2016, Chapter 84
41          49-22-205, as last amended by Laws of Utah 2016, Chapter 227
42     

43     Be it enacted by the Legislature of the state of Utah:
44          Section 1. Section 49-11-103 is amended to read:
45          49-11-103. Purpose -- Liberal construction.
46          (1) The purpose of this title is to establish:
47          (a) retirement systems and the Utah Governors' and Legislators' Retirement Plan for
48     members which provide:
49          (i) a uniform system of membership;
50          (ii) retirement requirements;
51          (iii) benefits for members;
52          (iv) funding on an actuarially sound basis;
53          (v) contributions; and
54          (vi) economy and efficiency in public service; and
55          (b) a central administrative office and a board to administer the various systems, plans,
56     and programs established by the Legislature or the board.
57          (2) This title shall be liberally construed to provide maximum benefits and protections

58     consistent with sound fiduciary and actuarial [principals] principles.
59          Section 2. Section 49-11-301 is amended to read:
60          49-11-301. Creation -- Board to act as trustees of the fund -- Commingling and
61     pooling of funds -- Interest earnings -- Funded ratio.
62          (1) (a) There is created a common trust fund known as the "Utah State Retirement
63     Investment Fund" for the purpose of enlarging the investment base and simplifying investment
64     procedures and functions.
65          (b) The Utah State Retirement Investment Fund may sue and be sued in its own name.
66          (2) (a) The board shall act as trustees of the Utah State Retirement Investment Fund
67     and, through the executive director, may commingle and pool the funds and investments of any
68     system, plan, or program into the Utah State Retirement Investment Fund, if the principal
69     amounts of the participating funds do not lose their individual identity and are maintained as
70     separate trust funds on the books of the office.
71          (b) (i) In combining the investments of any fund, each of the participating funds shall
72     be credited initially with its share of the total assets transferred to the Utah State Retirement
73     Investment Fund.
74          (ii) The value of the transferred assets shall be calculated in accordance with generally
75     accepted accounting principles.
76          (c) Subsequent transfers of additional capital from participating funds shall be credited
77     similarly to its respective trust account.
78          (d) The income or principal or equity credit belonging to one participating fund may
79     not be transferred to another, except for the purpose of:
80          (i) actuarially recommended transfers in order to adjust employer contribution rates for
81     an employer that participates in both contributory and noncontributory systems; or
82          (ii) transfers which reflect the value of service credit accrued in different systems
83     during a member's career.
84          (3) The assets of the funds are for the exclusive benefit of the members, participants,
85     and covered individuals and may not be diverted or appropriated for any purpose other than

86     that permitted by this title.
87          (4) (a) Interest and other earnings shall be credited to each participating fund on a pro
88     rata equity position basis.
89          (b) (i) A portion of the interest and other earnings of the common trust fund may be
90     credited to a reserve account within the Utah State Retirement Investment Fund to meet
91     adverse experiences arising from investments or other contingencies.
92          (ii) Each participating fund shall retain its proportionate equity in the reserve account.
93          (5) (a) The actuarial funded ratio of the systems may reach and be maintained at 110%,
94     as determined by the board's actuary using assumptions adopted by the board, before the board
95     is required to certify a decrease in contribution rates.
96          (b) Except as provided in Subsection (6), the board may not increase contribution rates
97     to attain an actuarial funded ratio greater than 100%.
98          (6) (a) The cost of any amendment to this title shall be included in the final
99     contribution rates adopted and certified by the board in accordance with Subsections
100     49-11-102(14) and 49-11-203(1)(l).
101          (b) If a preliminary certified contribution rate approved by the board prior to an annual
102     general session or special session of the Legislature was maintained at a previous year's level
103     that is higher than the contribution rate calculated by the board's actuary for that year in
104     accordance with Subsection (5)(a), the board's final certified contribution rate shall be the sum
105     of the actuarially determined costs from any amendment to this title during the general session
106     or special session and the preliminary certified contribution rate.
107          Section 3. Section 49-11-604 is amended to read:
108          49-11-604. Office audits of participating employers -- Penalties for failure to
109     comply.
110          (1) (a) The office may perform an on-site compliance [audits] audit of a participating
111     [employers] employer to determine compliance with reporting, contribution, and certification
112     requirements under this title.
113          (b) The office or its independent auditor may perform an on-site compliance audit of a

114     participating employer or request records to be provided by the participating employer,
115     including records required to complete:
116          (i) audited financial statements;
117          (ii) schedules of employer allocations and pension reporting in accordance with
118     Governmental Accounting Standards Board statements; and
119          (iii) service organizational controls reports.
120          [(b)] (c) The office may request records to be provided by the participating employer at
121     the time of the audit.
122          [(c)] (d) Audits shall be conducted at the sole discretion of the office after reasonable
123     notice to the participating employer of at least five working days.
124          [(d)] (e) The participating employer shall extract and provide records as requested by
125     the office in an appropriate, organized, and usable format.
126          [(e)] (f) Failure of a participating employer to allow access, provide records, or comply
127     in any way with an office audit shall result in the participating employer being liable to the
128     office for:
129          (i) any liabilities and expenses, including administrative expenses and travel expenses,
130     resulting from the participating employer's failure to comply with the audit; and
131          (ii) a penalty equal to 1% of the participating employer's last month's contributions.
132          (2) If the audit reveals a participating employer's failure to make contributions as
133     required under Section 49-11-601, a failure to maintain records as required under Section
134     49-11-602, or a failure to correctly report or certify eligibility as required under Section
135     49-11-603, the participating employer shall reimburse the office for the cost of the audit.
136          (3) If the audit reveals that an incorrect benefit has been paid by the office to a
137     member, participant, alternate payee, or beneficiary due to a participating employer's failure to
138     comply with the requirements of Section 49-11-601, 49-11-602, or 49-11-603, in addition to
139     the liabilities contained in Subsection (2), the participating employer shall be liable to the
140     office for the following:
141          (a) the actuarial cost of correcting the incorrect benefit; and

142          (b) administrative expenses.
143          (4) The executive director may waive all or any part of the interest, penalties, expenses,
144     and fees if the executive director finds there were extenuating circumstances surrounding the
145     participating employer's failure to comply with this section.
146          Section 4. Section 49-11-612 is amended to read:
147          49-11-612. Domestic relations order benefits -- Nonassignability of benefits or
148     payments -- Exemption from legal process.
149          (1) As used in this section, "domestic relations order benefits" means:
150          (a) an allowance;
151          (b) a defined contribution account established under:
152          (i) Part 8, Defined Contribution Plans;
153          (ii) Chapter 22, New Public Employees' Tier II Contributory Retirement Act; or
154          (iii) Chapter 23, New Public Safety and Firefighter Tier II Contributory Retirement
155     Act;
156          (c) a continuing monthly death benefit established under:
157          (i) Chapter 14, Part 5, Death Benefit;
158          (ii) Chapter 15, Part 5, Death Benefit;
159          (iii) Chapter 16, Part 5, Death Benefit;
160          (iv) Chapter 17, Part 5, Death Benefit;
161          (v) Chapter 18, Part 5, Death Benefit; or
162          (vi) Chapter 19, Part 5, Death Benefit;
163          (d) a lump sum death benefit provided under:
164          (i) Chapter 12, Part 5, Death Benefit;
165          (ii) Chapter 13, Part 5, Death Benefit;
166          (iii) Chapter 22, Part 5, Death Benefit; or
167          (iv) Chapter 23, Part 5, Death Benefit; or
168          (e) a refund of member contributions upon termination.
169          (2) Except as provided in Subsections (3), (4), and (5), the right of any member, retiree,

170     participant, covered individual, or beneficiary to any retirement benefit, retirement payment, or
171     any other retirement right accrued or accruing under this title and the assets of the funds created
172     by this title are not subject to alienation or assignment by the member, retiree, participant, or
173     their beneficiaries and are not subject to attachment, execution, garnishment, or any other legal
174     or equitable process.
175          (3) (a) The office may, upon the request of the retiree, deduct from the retiree's
176     allowance, insurance premiums or other dues payable on behalf of the retiree, but only to those
177     entities that have received the deductions prior to February 1, 2002.
178          (b) The office may, upon the request of a retiree of a public safety or firefighter system,
179     deduct insurance premiums from the retiree's allowance.
180          (4) (a) The office shall provide for the division of domestic relations order benefits
181     with former spouses and family members under an order of a court of competent jurisdiction
182     with respect to domestic relations matters on file with the office.
183          (b) The court order shall specify the manner in which the domestic relations order
184     benefits shall be partitioned, whether as a fixed amount or as a percentage of the benefit.
185          (c) Domestic relations order benefits split under a domestic relations order are subject
186     to the following:
187          (i) the amount to be paid or the period for which payments shall be made under the
188     original domestic relations order may not be altered if the alteration affects the actuarial
189     calculation of the allowance;
190          (ii) payments to an alternate payee shall begin at the time the member or beneficiary
191     begins receiving payments; and
192          (iii) the alternate payee shall receive payments in the same form as allowances received
193     by the member or beneficiary.
194          (d) (i) [To] Except as provided under Subsection (4)(d)(ii), to be valid, a court order
195     under this section must be [received by the office within 12 months of the death of the
196     member] on file with the office before the member's date of death.
197          (ii) A court order under this section received by the office after the member's date of

198     death shall be considered valid if it is received in good order before benefits relating to the
199     member's death are paid or settled.
200          (e) A court order under this section may not require and may not be interpreted in any
201     way to require the office to provide any type of benefit or any option not otherwise provided
202     under this title.
203          (5) In accordance with federal law, the board may deduct the required amount from any
204     benefit, payment, or other right accrued or accruing to any member or beneficiary of a system,
205     plan, or program under this title to offset any amount that member or beneficiary owes to a
206     system, plan, or program administered by the board.
207          (6) The board shall make rules to implement this section.
208          Section 5. Section 49-11-1204 is amended to read:
209          49-11-1204. General restrictions -- Election following one-year separation --
210     Amortization rate.
211          (1) A retiree may not for the same period of reemployment:
212          (a) (i) earn additional service credit; or
213          (ii) receive any retirement related contribution from a participating employer; and
214          (b) receive a retirement allowance.
215          (2) Except as provided under Section 49-11-1205, the office shall cancel the retirement
216     allowance of a retiree if the reemployment with a participating employer begins within one year
217     of the retiree's retirement date.
218          (3) If a reemployed retiree has completed the one-year separation from employment
219     with a participating employer required under Subsection (2), the retiree may elect to:
220          (a) cancel the retiree's retirement allowance and instead earn additional service credit in
221     accordance with this title; or
222          (b) continue to receive the retiree's retirement allowance, forfeit earning additional
223     service credit, and forfeit any retirement-related contribution from the participating employer
224     that reemployed the retiree.
225          (4) (a) [If the office receives notice of the election of a reemployed retiree under

226     Subsection (3)(a), the office shall immediately cancel the retiree's retirement allowance.(b) (i)
227     If the retiree under Subsection (4)(a)] If a retiree's retirement allowance is cancelled and the
228     retiree is eligible for retirement coverage in [the] a reemployed position, the office shall
229     reinstate the retiree to active member status on the first day of the month following the date of
230     the employee's [election] eligible reemployment.
231          [(ii)] (b) Except as provided under Subsection (4)(c), if the retiree is not otherwise
232     eligible for retirement coverage in the reemployed position, the participating employer that
233     reemploys the retiree shall contribute the amortization rate to the office on behalf of the retiree.
234          (c) A participating employer that reemploys a retiree in accordance with Subsection
235     49-11-1205(1) is not required to contribute the amortization rate to the office.
236          (5) (a) For a retiree under Subsection (4)[(b)](a) who retires within two years from the
237     date of reemployment, the office:
238          (i) may not recalculate a retirement benefit for the retiree; and
239          (ii) shall resume the allowance that was being paid to the retiree at the time of the
240     cancellation.
241          (b) Subject to Subsection (1), for a retiree who is reinstated to active membership
242     under Subsection (4)[(b)](a) and retires two or more years after the date of reinstatement to
243     active membership, the office shall:
244          (i) resume the allowance that was being paid at the time of cancellation; and
245          (ii) calculate an additional allowance for the retiree based on the formula in effect at
246     the date of the subsequent retirement for all service credit accrued between the first and
247     subsequent retirement dates.
248          Section 6. Section 49-12-203 is amended to read:
249          49-12-203. Exclusions from membership in system.
250          (1) The following employees are not eligible for service credit in this system:
251          (a) subject to the requirements of Subsection (2), an employee whose employment
252     status is temporary in nature due to the nature or the type of work to be performed;
253          (b) except as provided under Subsection (3)(a), an employee of an institution of higher

254     education who participates in a retirement system with a public or private retirement system,
255     organization, or company designated by the State Board of Regents, or the Board of Directors
256     of each technical college for an employee of each technical college, during any period in which
257     required contributions based on compensation have been paid on behalf of the employee by the
258     employer;
259          (c) an employee serving as an exchange employee from outside the state;
260          (d) an executive department head of the state, a member of the State Tax Commission,
261     the Public Service Commission, and a member of a full-time or part-time board or commission
262     who files a formal request for exemption;
263          (e) an employee of the Department of Workforce Services who is covered under
264     another retirement system allowed under Title 35A, Chapter 4, Employment Security Act;
265          (f) an employee who is employed on or after July 1, 2009, with an employer that has
266     elected, prior to July 1, 2009, to be excluded from participation in this system under Subsection
267     49-12-202(2)(c);
268          (g) an employee who is employed on or after July 1, 2014, with an employer that has
269     elected, prior to July 1, 2014, to be excluded from participation in this system under Subsection
270     49-12-202(2)(d);
271          (h) an employee who is employed with a withdrawing entity that has elected under
272     Section 49-11-623, prior to January 1, 2017, to exclude:
273          (i) new employees from participation in this system under Subsection 49-11-623(3)(a);
274     or
275          (ii) all employees from participation in this system under Subsection 49-11-623(3)(b);
276     or
277          (i) an employee described in Subsection (1)(i)(i) or (ii) who is employed with a
278     withdrawing entity that has elected under Section 49-11-624, before January 1, 2018, to
279     exclude:
280          (i) new employees from participation in this system under Subsection 49-11-624(3)(a);
281     or

282          (ii) all employees from participation in this system under Subsection 49-11-624(3)(b).
283          (2) If an employee whose status is temporary in nature due to the nature of type of
284     work to be performed:
285          (a) is employed for a term that exceeds six months and the employee otherwise
286     qualifies for service credit in this system, the participating employer shall report and certify to
287     the office that the employee is a regular full-time employee effective the beginning of the
288     seventh month of employment; or
289          (b) was previously terminated prior to being eligible for service credit in this system
290     and is reemployed within three months of termination by the same participating employer, the
291     participating employer shall report and certify that the member is a regular full-time employee
292     when the total of the periods of employment equals six months and the employee otherwise
293     qualifies for service credits in this system.
294          (3) (a) Upon cessation of the participating employer contributions, an employee under
295     Subsection (1)(b) is eligible for service credit in this system.
296          (b) Notwithstanding the provisions of Subsection (1)(f), any eligibility for service
297     credit earned by an employee under this chapter before July 1, 2009 is not affected under
298     Subsection (1)(f).
299          (c) Notwithstanding the provisions of Subsection (1)(g), any eligibility for service
300     credit earned by an employee under this chapter before July 1, 2014, is not affected under
301     Subsection (1)(g).
302          (4) Upon filing a written request for exemption with the office, the following
303     employees shall be exempt from coverage under this system:
304          (a) a full-time student or the spouse of a full-time student and individuals employed in
305     a trainee relationship;
306          (b) an elected official;
307          (c) an executive department head of the state, a member of the State Tax Commission,
308     a member of the Public Service Commission, and a member of a full-time or part-time board or
309     commission;

310          (d) an employee of the Governor's Office of Management and Budget;
311          (e) an employee of the Governor's Office of Economic Development;
312          (f) an employee of the Commission on Criminal and Juvenile Justice;
313          (g) an employee of the Governor's Office;
314          (h) an employee of the State Auditor's Office;
315          (i) an employee of the State Treasurer's Office;
316          (j) any other member who is permitted to make an election under Section 49-11-406;
317          (k) a person appointed as a city manager or chief city administrator or another person
318     employed by a municipality, county, or other political subdivision, who is an at-will employee;
319     and
320          (l) an employee of an interlocal cooperative agency created under Title 11, Chapter 13,
321     Interlocal Cooperation Act, who is engaged in a specialized trade customarily provided through
322     membership in a labor organization that provides retirement benefits to its members.
323          (5) (a) Each participating employer shall prepare and maintain a list designating those
324     positions eligible for exemption under Subsection (4).
325          (b) An employee may not be exempted unless the employee is employed in an
326     exempted position designated by the participating employer.
327          (6) (a) In accordance with this section, Section 49-13-203, and Section 49-22-205, a
328     municipality, county, or political subdivision may not exempt a total of more than 50 positions
329     or a number equal to 10% of the eligible employees of the municipality, county, or political
330     subdivision, whichever is less.
331          (b) A municipality, county, or political subdivision may exempt at least one regular
332     full-time employee.
333          (7) Each participating employer shall:
334          (a) [file] maintain a list of employee exemptions [annually with the office]; and
335          (b) update the employee exemptions in the event of any change.
336          (8) The office may make rules to implement this section.
337          Section 7. Section 49-13-203 is amended to read:

338          49-13-203. Exclusions from membership in system.
339          (1) The following employees are not eligible for service credit in this system:
340          (a) subject to the requirements of Subsection (2), an employee whose employment
341     status is temporary in nature due to the nature or the type of work to be performed;
342          (b) except as provided under Subsection (3)(a), an employee of an institution of higher
343     education who participates in a retirement system with a public or private retirement system,
344     organization, or company designated by the State Board of Regents, or the Board of Directors
345     of each technical college for an employee of each technical college, during any period in which
346     required contributions based on compensation have been paid on behalf of the employee by the
347     employer;
348          (c) an employee serving as an exchange employee from outside the state;
349          (d) an executive department head of the state or a legislative director, senior executive
350     employed by the governor's office, a member of the State Tax Commission, a member of the
351     Public Service Commission, and a member of a full-time or part-time board or commission
352     who files a formal request for exemption;
353          (e) an employee of the Department of Workforce Services who is covered under
354     another retirement system allowed under Title 35A, Chapter 4, Employment Security Act;
355          (f) an employee who is employed with an employer that has elected to be excluded
356     from participation in this system under Subsection 49-13-202(5), effective on or after the date
357     of the employer's election under Subsection 49-13-202(5);
358          (g) an employee who is employed with a withdrawing entity that has elected under
359     Section 49-11-623, prior to January 1, 2017, to exclude:
360          (i) new employees from participation in this system under Subsection 49-11-623(3)(a);
361     or
362          (ii) all employees from participation in this system under Subsection 49-11-623(3)(b);
363     or
364          (h) an employee described in Subsection (1)(h)(i) or (ii) who is employed with a
365     withdrawing entity that has elected under Section 49-11-624, before January 1, 2018, to

366     exclude:
367          (i) new employees from participation in this system under Subsection 49-11-624(3)(a);
368     or
369          (ii) all employees from participation in this system under Subsection 49-11-624(3)(b).
370          (2) If an employee whose status is temporary in nature due to the nature of type of
371     work to be performed:
372          (a) is employed for a term that exceeds six months and the employee otherwise
373     qualifies for service credit in this system, the participating employer shall report and certify to
374     the office that the employee is a regular full-time employee effective the beginning of the
375     seventh month of employment; or
376          (b) was previously terminated prior to being eligible for service credit in this system
377     and is reemployed within three months of termination by the same participating employer, the
378     participating employer shall report and certify that the member is a regular full-time employee
379     when the total of the periods of employment equals six months and the employee otherwise
380     qualifies for service credits in this system.
381          (3) (a) Upon cessation of the participating employer contributions, an employee under
382     Subsection (1)(b) is eligible for service credit in this system.
383          (b) Notwithstanding the provisions of Subsection (1)(f), any eligibility for service
384     credit earned by an employee under this chapter before the date of the election under
385     Subsection 49-13-202(5) is not affected under Subsection (1)(f).
386          (4) Upon filing a written request for exemption with the office, the following
387     employees shall be exempt from coverage under this system:
388          (a) a full-time student or the spouse of a full-time student and individuals employed in
389     a trainee relationship;
390          (b) an elected official;
391          (c) an executive department head of the state, a member of the State Tax Commission,
392     a member of the Public Service Commission, and a member of a full-time or part-time board or
393     commission;

394          (d) an employee of the Governor's Office of Management and Budget;
395          (e) an employee of the Governor's Office of Economic Development;
396          (f) an employee of the Commission on Criminal and Juvenile Justice;
397          (g) an employee of the Governor's Office;
398          (h) an employee of the State Auditor's Office;
399          (i) an employee of the State Treasurer's Office;
400          (j) any other member who is permitted to make an election under Section 49-11-406;
401          (k) a person appointed as a city manager or chief city administrator or another person
402     employed by a municipality, county, or other political subdivision, who is an at-will employee;
403          (l) an employee of an interlocal cooperative agency created under Title 11, Chapter 13,
404     Interlocal Cooperation Act, who is engaged in a specialized trade customarily provided through
405     membership in a labor organization that provides retirement benefits to its members; and
406          (m) an employee of the Utah Science Technology and Research Initiative created under
407     Title 63M, Chapter 2, Utah Science Technology and Research Governing Authority Act.
408          (5) (a) Each participating employer shall prepare and maintain a list designating those
409     positions eligible for exemption under Subsection (4).
410          (b) An employee may not be exempted unless the employee is employed in a position
411     designated by the participating employer.
412          (6) (a) In accordance with this section, Section 49-12-203, and Section 49-22-205, a
413     municipality, county, or political subdivision may not exempt a total of more than 50 positions
414     or a number equal to 10% of the eligible employees of the municipality, county, or political
415     subdivision, whichever is less.
416          (b) A municipality, county, or political subdivision may exempt at least one regular
417     full-time employee.
418          (7) Each participating employer shall:
419          (a) [file] maintain a list of employee exemptions [annually with the office]; and
420          (b) update the employee exemptions in the event of any change.
421          (8) The office may make rules to implement this section.

422          Section 8. Section 49-14-501 is amended to read:
423          49-14-501. Death of active member in Division A -- Payment of benefits.
424          (1) If an active member of this system enrolled in Division A under Section 49-14-301
425     dies, benefits are payable as follows:
426          (a) If the death is classified by the office as a line-of-duty death, the surviving spouse
427     shall receive a lump sum equal to six months of the active member's final average salary and an
428     allowance equal to 30% of the deceased member's final average monthly salary.
429          (b) If the death is not classified by the office as a line-of-duty death, benefits are
430     payable as follows:
431          (i) If the member has accrued less than 10 years of public safety service credit, the
432     [beneficiary] surviving spouse shall receive the sum of $1,000 or a refund of the member's
433     member contributions, whichever is greater.
434          (ii) If the member has accrued 10 or more years of public safety service credit at the
435     time of death, the surviving spouse shall receive the sum of $500, plus an allowance equal to
436     2% of the member's final average monthly salary for each year of service credit accrued by the
437     member up to a maximum of 30% of the member's final average monthly salary.
438          (2) Except as provided under Subsection (1)(b)(i), benefits are not payable to minor
439     children of members covered under Division A.
440          (3) If a benefit is not distributed under this section, and the member has designated a
441     beneficiary, the member's member contributions shall be paid to the beneficiary.
442          (4) (a) A surviving spouse who requests a benefit under this section shall apply in
443     writing to the office.
444          (b) The allowance shall begin on the first day of the month following the month in
445     which the:
446          (i) member died, if the application is received by the office within 90 days of the
447     member's death; or
448          (ii) application is received by the office, if the application is received by the office
449     more than 90 days after the member's death.

450          Section 9. Section 49-15-501 is amended to read:
451          49-15-501. Death of active member in Division A -- Payment of benefits.
452          (1) If an active member of this system enrolled in Division A under Section 49-15-301
453     dies, benefits are payable as follows:
454          (a) If the death is classified by the office as a line-of-duty death, benefits are payable as
455     follows:
456          (i) If the member has accrued less than 20 years of public safety service credit, the
457     surviving spouse shall receive a lump sum equal to six months of the active member's final
458     average salary and an allowance equal to 30% of the member's final average monthly salary.
459          (ii) If the member has accrued 20 or more years of public safety service credit, the
460     member shall be considered to have retired with an allowance calculated under Section
461     49-15-402 and the surviving spouse shall receive the death benefit payable to a surviving
462     spouse under Section 49-15-504.
463          (b) If the death is not classified as a line-of-duty death by the office, benefits are
464     payable as follows:
465          (i) If the member has accrued less than 10 years of public safety service credit, the
466     [beneficiary] surviving spouse shall receive the sum of $1,000 or a refund of the member's
467     member contributions, whichever is greater.
468          (ii) If the member has accrued 10 or more years, but less than 20 years of public safety
469     service credit at the time of death, the surviving spouse shall receive the sum of $500, plus an
470     allowance equal to 2% of the member's final average monthly salary for each year of service
471     credit accrued by the member up to a maximum of 30% of the member's final average monthly
472     salary.
473          (iii) If the member has accrued 20 or more years of public safety service credit, the
474     benefit shall be calculated as provided in Subsection (1)(a)(ii).
475          (2) Except as provided under Subsection (1)(b)(i), benefits are not payable to minor
476     children under Division A.
477          (3) If a benefit is not distributed under this section, and the member has designated a

478     beneficiary, the member's member contribution shall be paid to the beneficiary.
479          (4) (a) A surviving spouse who requests a benefit under this section shall apply in
480     writing to the office.
481          (b) The allowance shall begin on the first day of the month following the month in
482     which the:
483          (i) member died, if the application is received by the office within 90 days of the
484     member's death; or
485          (ii) application is received by the office, if the application is received by the office
486     more than 90 days after the member's death.
487          Section 10. Section 49-22-205 is amended to read:
488          49-22-205. Exemptions from participation in system.
489          (1) Upon filing a written request for exemption with the office, the following
490     employees are exempt from participation in the system as provided in this section:
491          (a) an executive department head of the state;
492          (b) a member of the State Tax Commission;
493          (c) a member of the Public Service Commission;
494          (d) a member of a full-time or part-time board or commission;
495          (e) an employee of the Governor's Office of Management and Budget;
496          (f) an employee of the Governor's Office of Economic Development;
497          (g) an employee of the Commission on Criminal and Juvenile Justice;
498          (h) an employee of the Governor's Office;
499          (i) an employee of the State Auditor's Office;
500          (j) an employee of the State Treasurer's Office;
501          (k) any other member who is permitted to make an election under Section 49-11-406;
502          (l) a person appointed as a city manager or appointed as a city administrator or another
503     at-will employee of a municipality, county, or other political subdivision;
504          (m) an employee of an interlocal cooperative agency created under Title 11, Chapter
505     13, Interlocal Cooperation Act, who is engaged in a specialized trade customarily provided

506     through membership in a labor organization that provides retirement benefits to its members;
507     and
508          (n) an employee of the Utah Science Technology and Research Initiative created under
509     Title 63M, Chapter 2, Utah Science Technology and Research Governing Authority Act.
510          (2) (a) A participating employer shall prepare and maintain a list designating those
511     positions eligible for exemption under Subsection (1).
512          (b) An employee may not be exempted unless the employee is employed in a position
513     designated by the participating employer under Subsection (1).
514          (3) (a) In accordance with this section, Section 49-12-203, and Section 49-13-203, a
515     municipality, county, or political subdivision may not exempt a total of more than 50 positions
516     or a number equal to 10% of the eligible employees of the municipality, county, or political
517     subdivision, whichever is less.
518          (b) A municipality, county, or political subdivision may exempt at least one regular
519     full-time employee.
520          (4) Each participating employer shall:
521          (a) [file each employee exemption annually with the office] maintain a list of employee
522     exemptions; and
523          (b) update an employee exemption in the event of any change.
524          (5) Beginning on the effective date of the exemption for an employee who elects to be
525     exempt in accordance with Subsection (1):
526          (a) for a member of the Tier II defined contribution plan:
527          (i) the participating employer shall contribute the nonelective contribution and the
528     amortization rate described in Section 49-22-401, except that the nonelective contribution is
529     exempt from the vesting requirements of Subsection 49-22-401(3)(a); and
530          (ii) the member may make voluntary deferrals as provided in Section 49-22-401; and
531          (b) for a member of the Tier II hybrid retirement system:
532          (i) the participating employer shall contribute the nonelective contribution and the
533     amortization rate described in Section 49-22-401, except that the contribution is exempt from

534     the vesting requirements of Subsection 49-22-401(3)(a);
535          (ii) the member may make voluntary deferrals as provided in Section 49-22-401; and
536          (iii) the member is not eligible for additional service credit in the system.
537          (6) If an employee who is a member of the Tier II hybrid retirement system
538     subsequently revokes the election of exemption made under Subsection (1), the provisions
539     described in Subsection (5)(b) shall no longer be applicable and the coverage for the employee
540     shall be effective prospectively as provided in Part 3, Tier II Hybrid Retirement System.
541          (7) (a) All employer contributions made on behalf of an employee shall be invested in
542     accordance with Subsection 49-22-303(3)(a) or 49-22-401(4)(a) until the one-year election
543     period under Subsection 49-22-201(2)(c) is expired if the employee:
544          (i) elects to be exempt in accordance with Subsection (1); and
545          (ii) continues employment with the participating employer through the one-year
546     election period under Subsection 49-22-201(2)(c).
547          (b) An employee is entitled to receive a distribution of the employer contributions
548     made on behalf of the employee and all associated investment gains and losses if the employee:
549          (i) elects to be exempt in accordance with Subsection (1); and
550          (ii) terminates employment prior to the one-year election period under Subsection
551     49-22-201(2)(c).
552          (8) (a) The office shall make rules to implement this section.
553          (b) The rules made under this Subsection (8) shall include provisions to allow the
554     exemption provided under Subsection (1) to apply to all contributions made beginning on or
555     after July 1, 2011, on behalf of an exempted employee who began the employment before May
556     8, 2012.
557          Section 11. Effective date.
558          If approved by two-thirds of all the members elected to each house, this bill takes effect
559     upon approval by the governor, or the day following the constitutional time limit of Utah
560     Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
561     the date of veto override.

562