Chief Sponsor: Lee B. Perry

Senate Sponsor: Don L. Ipson


9     General Description:
10          This bill modifies the Public Employees' Benefit and Insurance Program Act by
11     amending provisions relating to insurance death benefits for certain employees'
12     beneficiaries.
13     Highlighted Provisions:
14          This bill:
15          ▸     repeals the provision that a surviving spouse of a covered individual who is
16     employed by the state and has a line-of-duty death is eligible for group health
17     coverage paid for by the state only until the surviving spouse remarries.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          This bill provides retrospective operation.
22     Utah Code Sections Affected:
23     AMENDS:
24          49-20-406, as last amended by Laws of Utah 2013, Chapter 40

26     Be it enacted by the Legislature of the state of Utah:
27          Section 1. Section 49-20-406 is amended to read:

28          49-20-406. Insurance benefits for employees' beneficiaries.
29          (1) As used in this section:
30          (a) "Children" includes stepchildren and legally adopted children.
31          (b) (i) "Line-of-duty death" means a death resulting from:
32          (A) external force or violence occasioned by an act of duty as an employee; or
33          (B) strenuous activity, including a heart attack or stroke, that occurs during strenuous
34     training or another strenuous activity required as an act of duty as an employee.
35          (ii) "Line-of-duty death" does not include a death that:
36          (A) occurs during an activity that is required as an act of duty as an employee if the
37     activity is not a strenuous activity, including an activity that is clerical, administrative, or of a
38     nonmanual nature contributes to the employee's death;
39          (B) occurs during the commission of a crime committed by the employee;
40          (C) the employee's intoxication or use of alcohol or drugs, whether prescribed or
41     nonprescribed, contributes to the employee's death; or
42          (D) occurs in a manner other than as described in Subsection (1)(b)(i).
43          (c) (i) "Strenuous activity" means engagement involving a difficult, stressful, or
44     vigorous fire suppression, rescue, hazardous material response, emergency medical service,
45     physical law enforcement, prison security, disaster relief, or other emergency response activity.
46          (ii) "Strenuous activity" includes participating in a participating employer sanctioned
47     and funded training exercise that involves difficult, stressful, or vigorous physical activity.
48          (2) The beneficiary of a covered individual who is employed by the state and who has a
49     line-of-duty death shall receive:
50          (a) the proceeds of a $50,000 group term life insurance policy paid for by the state and
51     administered and provided as part of the group life insurance program under this chapter; and
52          (b) group health coverage paid for by the state that covers the covered individual's:
53          (i) surviving spouse until [remarriage or] becoming eligible for Medicare[, whichever
54     comes first]; and
55          (ii) unmarried children up to the age of 26.
56          (3) A covered employer not required to provide the benefits under Subsection (2) may
57     provide either or both of the benefits under Subsection (2) by paying rates established by the
58     program.

59          (4) The benefit provided under Subsection (2)(a) is subject to the same terms and
60     conditions as the group life insurance program provided under this chapter.
61          Section 2. Retrospective operation.
62          This bill has retrospective operation beginning on January 1, 2017.

Legislative Review Note
Office of Legislative Research and General Counsel