1     
LICENSED CLINICAL THERAPIST RETIREMENT

2     
AMENDMENTS

3     
2022 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Karen Mayne

6     
House Sponsor: ____________

7     

8     LONG TITLE
9     General Description:
10          This bill modifies the postretirement reemployment restrictions for individuals who
11     work as licensed clinical therapists after retirement.
12     Highlighted Provisions:
13          This bill:
14          ▸     defines terms;
15          ▸     provides the circumstances under which a Utah Retirement Systems retiree may be
16     reemployed as a licensed clinical therapist within the one-year separation
17     requirement without cancellation of the retiree's retirement allowance; and
18          ▸     makes technical and conforming changes.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          This bill provides a special effective date.
23     Utah Code Sections Affected:
24     AMENDS:
25          49-11-1202, as last amended by Laws of Utah 2020, Chapter 449
26          49-11-1205, as last amended by Laws of Utah 2021, Chapter 193
27          49-11-1206, as enacted by Laws of Utah 2016, Chapter 310 and last amended by

28     Coordination Clause, Laws of Utah 2016, Chapter 310
29     

30     Be it enacted by the Legislature of the state of Utah:
31          Section 1. Section 49-11-1202 is amended to read:
32          49-11-1202. Definitions.
33          As used in this part:
34          (1) (a) "Affiliated emergency services worker" means a person who:
35          (i) is employed by a participating employer;
36          (ii) performs emergency services for another participating employer that is a different
37     agency;
38          (iii) is trained in techniques and skills required for the emergency service;
39          (iv) continues to receive regular training required for the service;
40          (v) is on the rolls as a trained affiliated emergency services worker of the participating
41     employer; and
42          (vi) provides ongoing service for a participating employer, which service may include
43     service as a volunteer firefighter, reserve law enforcement officer, search and rescue worker,
44     emergency medical technician, ambulance worker, park ranger, or public utilities worker.
45          (b) "Affiliated emergency services worker" does not include a person who performs
46     work or service but does not meet the requirements of Subsection (1)(a).
47          (2) "Amortization rate" means the amortization rate, as defined in Section 49-11-102,
48     to be applied to the system that would have covered the retiree if the retiree's reemployed
49     position were deemed to be an eligible, full-time position within that system.
50          (3) "Part-time appointed or elected board member" means an individual who:
51          (a) serves in a position:
52          (i) as a member of a board, commission, council, committee, panel, or other body of a
53     participating employer; and
54          (ii) that is designated in the participating employer's governing statute, charter, creation
55     document, or similar document;
56          (b) is appointed or elected to the position for a definite and fixed term of office by
57     official and duly recorded action of the participating employer;
58          (c) except for the service in the position, does not perform other work or service for

59     compensation for the participating employer, whether as an employee or under a contract; and
60          (d) retires from a participating employer that is different than the participating
61     employer with the position in which the person serves.
62          (4) "Qualifying retiree" means a retiree who:
63          (a) has a bona fide termination from all participating employers and does not have,
64     before the retiree retires, a prearrangement that anticipates postretirement reemployment with a
65     participating employer;
66          (b) is reemployed by the state as a licensed clinical therapist; and
67          (c) is licensed as:
68          (i) a clinical social worker under Title 58, Chapter 60, Part 2, Social Worker Licensing
69     Act:
70          (ii) a marriage and family therapist under Title 58, Chapter 60, Part 3, Marriage and
71     Family Therapist Licensing Act;
72          (iii) a clinical mental health counselor under Title 58, Chapter 60, Part 4, Clinical
73     Mental Health Counselor Licensing Act; or
74          (iv) a psychologist under Title 58, Chapter 61, Psychologist Licensing Act.
75          [(4)] (5) (a) "Reemployed," "reemploy," or "reemployment" means work or service
76     performed for a participating employer after retirement, in exchange for compensation.
77          (b) [Reemployment] "Reemployed," "reemploy," or "reemployment" includes work or
78     service performed on a contract for a participating employer if the retiree is:
79          (i) listed as the contractor; or
80          (ii) an owner, partner, or principal of the contractor.
81          [(5)] (6) "Retiree":
82          (a) means a person who:
83          (i) retired from a participating employer; and
84          (ii) begins reemployment on or after July 1, 2010, with a participating employer; and
85          (b) does not include a person:
86          (i) (A) who was reemployed by a participating employer before July 1, 2010; and
87          (B) whose participating employer that reemployed the person under Subsection [(5)]
88     (6)(b)(i)(A) was dissolved, consolidated, merged, or structurally changed in accordance with
89     Section 49-11-621 on or after July 1, 2010; or

90          (ii) who is working under a phased retirement agreement in accordance with [Title 49,]
91     Chapter 11, Part 13, Phased Retirement.
92          Section 2. Section 49-11-1205 is amended to read:
93          49-11-1205. Postretirement reemployment restriction exceptions.
94          (1) (a) The office may not cancel the retirement allowance of a retiree who is
95     reemployed with a participating employer within one year of the retiree's retirement date if:
96          (i) the retiree is not reemployed by a participating employer for a period of at least 60
97     days from the retiree's retirement date;
98          (ii) upon reemployment after the break in service under Subsection (1)(a)(i), the retiree
99     does not receive any employer paid benefits, including:
100          (A) retirement service credit or retirement-related contributions;
101          (B) medical benefits;
102          (C) dental benefits;
103          (D) other insurance benefits except for workers' compensation as provided under Title
104     34A, Chapter 2, Workers' Compensation Act, Title 34A, Chapter 3, Utah Occupational Disease
105     Act, and withholdings required by federal or state law for social security, Medicare, and
106     unemployment insurance; or
107          (E) paid time off, including sick, annual, or other type of leave; and
108          (iii) (A) the retiree [does not earn] earns, in any calendar year of reemployment an
109     amount [in excess of] that is no more than the lesser of $15,000 or one-half of the retiree's final
110     average salary upon which the retiree's retirement allowance is based; or
111          (B) the retiree is reemployed as a judge as defined under Section 78A-11-102.
112          (b) The board shall adjust the amounts under Subsection (1)(a)(iii) by the annual change
113     in the Consumer Price Index during the previous calendar year as measured by a United States
114     Bureau of Labor Statistics Consumer Price Index average as determined by the board.
115          (2) A retiree shall be considered as having completed the one-year separation from
116     employment with a participating employer required under Section 49-11-1204, if the retiree:
117          (a) before retiring:
118          (i) was employed with a participating employer as a public safety service employee as
119     defined in Section 49-14-102, 49-15-102, or 49-23-102;
120          (ii) during the employment under Subsection (2)(a)(i), suffered a physical injury

121     resulting from external force or violence while performing the duties of the employment, for
122     which injury the retiree would have been approved for total disability in accordance with the
123     provisions under Chapter 21, Public Employees' Long-Term Disability Act, if years of service
124     are not considered;
125          (iii) had less than 30 years of service credit but had sufficient service credit to retire,
126     with an unreduced allowance making the public safety service employee ineligible for
127     long-term disability payments under Chapter 21, Public Employees' Long-Term Disability Act,
128     or a substantially similar long-term disability program;
129          (iv) does not receive any long-term disability benefits from any participating employer;
130     and
131          (v) is at least 50 years old; and
132          (b) is reemployed by a different participating employer.
133          (3) (a) The office may not cancel the retirement allowance of a retiree who is employed
134     as an affiliated emergency services worker within one year of the retiree's retirement date if the
135     affiliated emergency services worker does not receive any compensation, except for:
136          (i) a nominal fee, stipend, discount, tax credit, voucher, or other fixed sum of money or
137     cash equivalent payment not tied to productivity and paid periodically for services;
138          (ii) a length-of-service award;
139          (iii) insurance policy premiums paid by the participating employer in the event of death
140     of an affiliated emergency services worker or a line-of-duty accidental death or disability; or
141          (iv) reimbursement of expenses incurred in the performance of duties.
142          (b) For purposes of Subsections (3)(a)(i) and (ii), the total amount of any discounts, tax
143     credits, vouchers, and payments to an affiliated emergency services worker may not exceed
144     $500 per month.
145          (c) The board shall adjust the amount under Subsection (3)(b) by the annual change in
146     the Consumer Price Index during the previous calendar year as measured by a United States
147     Bureau of Labor Statistics Consumer Price Index average as determined by the board.
148          (d) A retiree is eligible for an exemption from the requirement to cease service without
149     cancellation of a retirement allowance under this Subsection (3) only if the retiree, at the time
150     of retirement, is at least:
151          (i) 50 years old, if the retiree is retiring from a public safety system or a firefighter

152     system; or
153          (ii) 55 years old.
154          (4) (a) The office may not cancel the retirement allowance of a retiree employed as a
155     part-time appointed or elected board member within one year after the retiree's retirement date
156     if the part-time appointed or elected board member does not receive any compensation
157     exceeding the amount described in this Subsection (4).
158          (b) A retiree who is a part-time appointed or elected board member for one or more
159     boards, commissions, councils, committees, panels, or other bodies of participating employers:
160          (i) may receive an aggregate amount of compensation, remuneration, a stipend, or other
161     benefit for service on a single or multiple boards, commissions, councils, committees, panels,
162     or other bodies of no more than $5,000 per year; and
163          (ii) may not receive an employer paid retirement service credit or retirement-related
164     contribution.
165          (c) For purposes of Subsection (4)(b)(i):
166          (i) a part-time appointed or elected board member's compensation includes:
167          (A) an amount paid for the part-time appointed or elected board member's coverage in
168     a group insurance plan provided by the participating employer; and
169          (B) the part-time appointed or elected board member's receipt of any other benefit
170     provided by the participating employer; and
171          (ii) the part-time appointed or elected board member's compensation does not include:
172          (A) an amount the participating employer pays for employer-matching employment
173     taxes, if the participating employer treats the part-time appointed or elected board member as
174     an employee for federal tax purposes; or
175          (B) an amount that the part-time appointed or elected board member receives for per
176     diem and travel expenses for up to 12 approved meetings or activities of the government board
177     per year, if the per diem and travel expenses do not exceed the amounts established by the
178     Division of Finance under Sections 63A-3-106 and 63A-3-107 or by rules made by the
179     Division of Finance according to Sections 63A-3-106 and 63A-3-107.
180          (d) The board shall adjust the amount under Subsection (4)(b)(i) by the annual change
181     in the Consumer Price Index during the previous calendar year as measured by a United States
182     Bureau of Labor Statistics Consumer Price Index average, as determined by the board.

183          (5) The office may not cancel the retirement allowance of a qualifying retiree who is
184     reemployed within one year of the qualifying retiree's retirement date if the qualifying retiree:
185          (a) is not reemployed by a participating employer for a period of at least 60 days from
186     the qualifying retiree's retirement date; and
187          (b) upon reemployment after the break in service under Subsection (5)(a), does not
188     receive any employer-paid retirement service credit or retirement-related contributions.
189          [(5)] (6) (a) If a retiree is reemployed under the provisions of Subsection (1) [or], (4),
190     or (5) the termination date of the reemployment, as confirmed in writing by the participating
191     employer, is considered the retiree's retirement date for the purpose of calculating the
192     separation requirement under Section 49-11-1204.
193          (b) The office shall cancel the retirement allowance of a retiree for the remainder of the
194     calendar year if the reemployment with a participating employer exceeds the limitation under
195     Subsection (1)(a)(iii), (3)(b), or (4)(b).
196          Section 3. Section 49-11-1206 is amended to read:
197          49-11-1206. Notice of postretirement reemployment.
198          (1) A participating employer shall immediately notify the office:
199          (a) if the participating employer reemploys a retiree;
200          (b) whether the reemployment is subject to Section 49-11-1204 or Subsection
201     49-11-1205(1), (2), [or] (3), or (5); and
202          (c) of any election by the retiree under Section 49-11-1204.
203          (2) A participating employer shall certify to the office whether the position of an
204     elected official is or is not full time.
205          (3) A retiree subject to this part shall report to the office the status of the reemployment
206     under Section 49-11-1204 or 49-11-1205.
207          Section 4. Effective date.
208          This bill takes effect on January 1, 2023.