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7 LONG TITLE
8 Committee Note:
9 The Retirement and Independent Entities Interim Committee recommended this bill.
10 Legislative Vote: 10 voting for 0 voting against 5 absent
11 General Description:
12 This bill amends the Utah State Retirement and Insurance Benefit Act (the Act).
13 Highlighted Provisions:
14 This bill:
15 ▸ authorizes the docketing of an abstract of a final administrative order with the court
16 for purposes of creating a lien and other collection remedies against a person who
17 owes money under the Act;
18 ▸ clarifies whose decision triggers the time period for a person to request a review of
19 a decision related to a benefit, right, obligation, or employment right under the Act;
20 ▸ updates terminology to reflect defined terms;
21 ▸ creates review and compliance requirements for an individual receiving a long-term
22 disability benefit; and
23 ▸ makes technical and conforming changes.
24 Money Appropriated in this Bill:
25 None
26 Other Special Clauses:
27 None
28 Utah Code Sections Affected:
29 AMENDS:
30 49-11-613, as last amended by Laws of Utah 2021, Chapter 193
31 49-11-613.5, as last amended by Laws of Utah 2021, Chapter 193
32 49-14-201, as last amended by Laws of Utah 2022, Chapter 171
33 49-16-102, as last amended by Laws of Utah 2022, Chapter 171
34 49-16-701, as last amended by Laws of Utah 2011, Chapter 439
35 49-21-402, as last amended by Laws of Utah 2019, Chapter 349
36 49-21-406, as last amended by Laws of Utah 2019, Chapter 349
37 49-23-301, as last amended by Laws of Utah 2020, Chapter 437
38 49-23-601, as last amended by Laws of Utah 2012, Chapter 298
39
40 Be it enacted by the Legislature of the state of Utah:
41 Section 1. Section 49-11-613 is amended to read:
42 49-11-613. Appeals procedure -- Right of appeal to hearing officer -- Board
43 reconsideration -- Judicial review -- Docketing abstract of final administrative order.
44 (1) (a) A member, retiree, participant, alternative payee, covered individual, employer,
45 participating employer, and covered employer shall inform themselves of their benefits, rights,
46 obligations, and employment rights under this title.
47 (b) Subject to Subsection (8), any dispute regarding a benefit, right, obligation, or
48 employment right under this title is subject to the procedures provided under this section.
49 (c) (i) A person who disputes a benefit, right, obligation, or employment right under
50 this title shall request a ruling by the executive director who may delegate the decision to the
51 deputy director.
52 (ii) A request for a ruling to the executive director under this section shall constitute
53 the initiation of an action for purposes of the limitations periods described in Section
54 49-11-613.5.
55 (d) A person who is dissatisfied by a ruling under Subsection (1)(c) with respect to any
56 benefit, right, obligation, or employment right under this title may request a review of that
57 claim by a hearing officer within the time period described in Section 49-11-613.5.
58 (e) (i) The executive director, on behalf of the board, may request that the hearing
59 officer review a dispute regarding any benefit, right, obligation, or employment right under this
60 title by filing a notice of board action and providing notice to all affected parties in accordance
61 with rules adopted by the board.
62 (ii) The filing of a notice of board action shall constitute the initiation of an action for
63 purposes of the limitations periods described in Section 49-11-613.5.
64 (2) The hearing officer shall:
65 (a) be hired by the executive director after consultation with the board;
66 (b) follow and enforce the procedures and requirements of:
67 (i) this title;
68 (ii) the rules adopted by the board in accordance with Subsection [
69 (iii) Title 63G, Chapter 4, Administrative Procedures Act, except as specifically
70 modified under this title or the rules adopted by the board in accordance with Subsection [
71 (10);
72 (c) hear and determine all facts relevant to a decision, including facts pertaining to
73 applications for benefits under any system, plan, or program under this title and all matters
74 pertaining to the administration of the office; and
75 (d) make conclusions of law in determining the person's rights under any system, plan,
76 or program under this title and matters pertaining to the administration of the office.
77 (3) The board shall review and approve or deny all decisions of the hearing officer in
78 accordance with rules adopted by the board in accordance with Subsection [
79 (4) The moving party in any proceeding brought under this section shall bear the
80 burden of proof.
81 (5) A party may file an application for reconsideration by the board upon any of the
82 following grounds:
83 (a) that the board acted in excess of the board's powers;
84 (b) that the order or the award was procured by fraud;
85 (c) that the evidence does not justify the determination of the hearing officer; or
86 (d) that the party has discovered new material evidence that could not, with reasonable
87 diligence, have been discovered or procured prior to the hearing.
88 (6) The board shall affirm, reverse, or modify the decision of the hearing officer, or
89 remand the application to the hearing officer for further consideration.
90 (7) A party aggrieved by the board's final decision under Subsection (6) may obtain
91 judicial review by complying with the procedures and requirements of:
92 (a) this title;
93 (b) rules adopted by the board in accordance with Subsection [
94 (c) Title 63G, Chapter 4, Administrative Procedures Act, except as specifically
95 modified under this title or the rules adopted by the board in accordance with Subsection [
96 (10).
97 (8) The program shall provide an appeals process for medical claims that complies
98 with federal law.
99 (9) (a) (i) Any interested party may file, in a district court of any county in the state, an
100 abstract of a final administrative order approved by the board in accordance with this section.
101 (ii) Upon receiving the filing of an abstract, the clerk of the district court shall:
102 (A) docket the abstract; and
103 (B) note the date of the abstract's receipt on the abstract and in the docket.
104 (b) (i) From the day on which an interested party files the abstract with a district court,
105 the final administrative order approved by the board is a lien upon the real property of the
106 obligor situated in that county.
107 (ii) Unless satisfied, the lien is for a period of eight years after the day on which the
108 board approves the final administrative order.
109 (c) The final administrative order approved by the board fixing the liability of the
110 obligor has the same effect as any other money judgment entered by a district court.
111 (d) (i) Except as provided in Subsection (9)(d)(ii), an attachment, a garnishment, or an
112 execution on a judgment included in or accruing under a final administrative order approved by
113 the board and filed and docketed in accordance with Subsection (9)(a) has the same manner
114 and same effect as an attachment, a garnishment, or an execution on a judgment of a district
115 court.
116 (ii) A writ of garnishment on earnings continues to operate, and to require the
117 garnishee to withhold the nonexempt portion of earnings at each succeeding earnings
118 disbursement interval, until the office or a court releases the writ of garnishment in writing.
119 (e) The lien and enforcement remedies provided by this section are in addition to any
120 other lien or remedy provided by law.
121 (f) A party may bring an action upon a final administrative order approved by the board
122 within eight years after the day on which the board approves the final administrative order.
123 (g) A final administrative order may be renewed administratively by complying with
124 the procedures and requirements provided in rule adopted by the board in accordance with
125 Subsection (10).
126 [
127 procedures and requirements for adjudicative proceedings.
128 (b) The rules shall be substantially similar to or incorporate provisions of the Utah
129 Rules of Civil Procedure, the Utah Rules of Evidence, and Title 63G, Chapter 4,
130 Administrative Procedures Act.
131 Section 2. Section 49-11-613.5 is amended to read:
132 49-11-613.5. Limitation of actions -- Cause of action.
133 (1) (a) Subject to the procedures provided in Section 49-11-613 and except as provided
134 in Subsection (3), [
135 employment right brought under this title [
136 after the day on which the cause of action accrues.
137 (b) A person who is dissatisfied with an executive director's ruling under Section
138 49-11-613 and who seeks a review of that claim by a hearing officer shall file a request for
139 board action within 30 days [
140 issues the ruling.
141 (2) (a) A cause of action accrues under this title and the limitation period in this section
142 runs from the day on which the aggrieved party became aware, or through the exercise of
143 reasonable diligence should have become aware, of the facts giving rise to the cause of action,
144 including when:
145 (i) a benefit, right, or employment right is or should have been granted;
146 (ii) a payment is or should have been made; or
147 (iii) an obligation is or should have been performed.
148 (b) If a claim involves a retirement service credit issue under this title:
149 (i) a cause of action specifically accrues at the time the requisite retirement
150 contributions relating to that retirement service credit are paid or should have been paid to the
151 office; and
152 (ii) the person is deemed to be on notice of the payment or nonpayment of those
153 retirement contributions.
154 (3) If an aggrieved party fails to discover the facts giving rise to the cause of action due
155 to misrepresentation, fraud, intentional nondisclosure, or other affirmative steps to conceal the
156 cause of action, a limitation period prescribed in this section does not begin to run until the
157 aggrieved party actually discovers the existence of the cause of action.
158 (4) The person claiming a benefit, right, obligation, or employment right arising under
159 this title has the burden of bringing the action within the period prescribed in this section.
160 (5) Nothing in this section relieves a member, retiree, participant, alternative payee,
161 covered individual, employer, participating employer, or covered employer of the obligations
162 under this title.
163 (6) The office is not required to bring a claim on behalf of a member, retiree,
164 participant, alternative payee, covered individual, employer, participating employer, or covered
165 employer.
166 (7) (a) A limitation period provided in this section does not apply to actions for which
167 a specific limit is otherwise specified in this title or by contract, including master policies or
168 other insurance contracts.
169 (b) For actions arising under this title, this section supersedes any applicable limitation
170 period provided in Title 78B, Chapter 2, Statutes of Limitations.
171 Section 3. Section 49-14-201 is amended to read:
172 49-14-201. System membership -- Eligibility.
173 (1) Except as provided in Section 49-15-201, a public safety service employee of a
174 participating employer participating in this system is eligible for service credit in this system at
175 the earliest of:
176 (a) July 1, 1969, if the public safety service employee was employed by the
177 participating employer on July 1, 1969, and the participating employer was participating in this
178 system on that date;
179 (b) the date the participating employer begins participating in this system if the public
180 safety service employee was employed by the participating employer on that date; or
181 (c) the date the public safety service employee is employed by the participating
182 employer and is eligible to perform public safety service, except that a public safety service
183 employee initially entering employment with a participating employer on or after July 1, 2011,
184 who does not have service credit accrued before July 1, 2011, in a Tier I system or plan
185 administered by the board, may not participate in this system.
186 (2) (a) (i) A participating employer that has public safety service and firefighter service
187 employees that require cross-training and duty shall enroll those dual purpose employees in the
188 system in which the greatest amount of time is actually worked.
189 (ii) The employees shall either be full-time public safety service or full-time firefighter
190 service employees of the participating employer.
191 (b) (i) Before transferring a dual purpose employee from one system to another, the
192 participating employer shall receive written permission from the office.
193 (ii) The office may request documentation to verify the appropriateness of the transfer.
194 (3) The board may combine or segregate the actuarial experience of participating
195 employers in this system for the purpose of setting contribution rates.
196 (4) (a) (i) Each participating employer participating in this system shall annually
197 submit to the office a schedule indicating the positions to be covered under this system in
198 accordance with this chapter.
199 (ii) The office may require documentation to justify the inclusion of any position under
200 this system.
201 (b) If there is a dispute between the office and a participating employer or employee
202 over any position to be covered, the disputed position shall be submitted to the Peace Officer
203 Standards and Training Council established under Section 53-6-106 for determination.
204 (c) (i) The Peace Officer Standards and Training Council's authority to decide
205 eligibility for public safety service credit is limited to claims for coverage under this system for
206 time periods after July 1, 1989.
207 (ii) A decision of the Peace Officer Standards and Training Council may not be applied
208 to service credit earned in another system before July 1, 1989.
209 (iii) Except as provided under Subsection (4)(c)(iv), a decision of the Peace Officer
210 Standards and Training Council granting a position coverage under this system may only be
211 applied prospectively from the date of that decision.
212 (iv) A decision of the Peace Officer Standards and Training Council granting a position
213 coverage under this system may be applied retroactively only if:
214 (A) the participating employer covered other similarly situated positions under this
215 system during the time period in question; and
216 (B) the position otherwise meets all eligibility requirements for receiving service credit
217 in this system during the period for which service credit is to be granted.
218 (5) The Peace Officer Standards and Training Council may use a subcommittee to
219 provide a recommendation to the council in determining disputes between the office and a
220 participating employer or employee over a position to be covered under this system.
221 (6) The Peace Officer Standards and Training Council shall comply with Title 63G,
222 Chapter 4, Administrative Procedures Act, in resolving coverage disputes in this system.
223 (7) A public safety service employee who is transferred or promoted to an
224 administration position requiring the performance of duties that consist primarily of
225 management or supervision of public safety service employees shall continue to earn public
226 safety service credit in this system during the period in which the employee remains employed
227 in the same department.
228 (8) An employee of the Department of Corrections shall continue to earn public safety
229 service credit in this system if:
230 (a) the employee's position is no longer covered under this system for new employees
231 hired on or after July 1, 2015; and
232 (b) the employee:
233 (i) remains employed by the Department of Corrections;
234 (ii) meets the eligibility requirements of this system;
235 (iii) was hired into a position covered by this system before July 1, 2015; and
236 (iv) has not had a break in service on or after July 1, 2015.
237 (9) An employee who is reassigned to the Division of Technology Services or to the
238 Division of Human Resource Management, and who was a member of this system, is entitled
239 to remain a member of this system.
240 (10) (a) To determine that a position is covered under this system, the office and, if a
241 coverage dispute arises, the Peace Officer Standards and Training Council shall find that the
242 position requires the employee to:
243 (i) except for a dispatcher, place the employee's life or personal safety at risk; and
244 (ii) complete training as provided in Section 53-6-303, 53-13-103, 53-13-104, or
245 53-13-105.
246 (b) If a position satisfies the requirements of Subsection (10)(a), the office and the
247 Peace Officer Standards and Training Council shall consider whether or not the position
248 requires the employee to:
249 (i) perform duties that consist primarily of actively preventing or detecting crime and
250 enforcing criminal statutes or ordinances of this state or any of its political subdivisions;
251 (ii) perform duties that consist primarily of providing community protection; and
252 (iii) respond to situations involving threats to public safety and make emergency
253 decisions affecting the lives and health of others.
254 (11) If a subcommittee is used to recommend the determination of disputes to the
255 Peace Officer Standards and Training Council, the subcommittee shall comply with the
256 requirements of Subsection (10) in making the subcommittee's recommendation.
257 (12) A final order of the Peace Officer Standards and Training Council regarding a
258 dispute is a final agency action for purposes of Title 63G, Chapter 4, Administrative
259 Procedures Act.
260 (13) Except as provided under Subsection (14), if a participating employer's public
261 safety service employees are not covered by this system or under Chapter 15, Public Safety
262 Noncontributory Retirement Act, as of January 1, 1998, those public safety service employees
263 who may otherwise qualify for membership in this system shall, at the discretion of the
264 participating employer, remain in their current retirement system.
265 (14) (a) A public safety service employee employed by an airport police department,
266 which elects to cover the airport police department's public safety service employees under the
267 Public Safety Noncontributory Retirement System under Subsection (13), may elect to remain
268 in the public safety service employee's current retirement system.
269 (b) The public safety service employee's election to remain in the current retirement
270 system under Subsection (14)(a):
271 (i) shall be made at the time the employer elects to move the employer's public safety
272 service employees to a public safety retirement system;
273 (ii) documented by written notice to the participating employer; and
274 (iii) is irrevocable.
275 (15) (a) Subject to Subsection (16), beginning July 1, 2015, a public safety service
276 employee who is a dispatcher employed by:
277 (i) the state shall be eligible for service credit in this system; and
278 (ii) a participating employer other than the state shall be eligible for service credit in
279 this system if the dispatcher's participating employer elects to cover the participating
280 employer's dispatchers under this system.
281 (b) A participating employer's election to cover the participating employer's dispatchers
282 under this system under Subsection (15)(a)(ii) is irrevocable and shall be documented by a
283 resolution adopted by the governing body of the participating employer in accordance with
284 rules made by the office.
285 (c) A dispatcher's service before July 1, 2015, or before a date specified by resolution
286 of a participating employer under Subsection (15)(b), is not eligible for service credit in this
287 system.
288 (16) Notwithstanding any other provision of this section, a person initially entering
289 employment with a participating employer on or after July 1, 2011, who does not have service
290 credit accrued before July 1, 2011, in a Tier I system or plan administered by the board, may
291 not participate in this system.
292 Section 4. Section 49-16-102 is amended to read:
293 49-16-102. Definitions.
294 As used in this chapter:
295 (1) (a) "Compensation" means the total amount of payments that are includable as
296 gross income received by a firefighter service employee as base income for the regularly
297 scheduled work period. The participating employer shall establish the regularly scheduled
298 work period. Base income shall be determined prior to the deduction of member contributions
299 or any amounts the firefighter service employee authorizes to be deducted for salary deferral or
300 other benefits authorized by federal law.
301 (b) "Compensation" includes performance-based bonuses and cost-of-living
302 adjustments.
303 (c) "Compensation" does not include:
304 (i) overtime;
305 (ii) sick pay incentives;
306 (iii) retirement pay incentives;
307 (iv) remuneration paid in kind such as a residence, use of equipment, uniforms, travel,
308 or similar payments;
309 (v) a lump-sum payment or special payments covering accumulated leave; and
310 (vi) all contributions made by a participating employer under this system or under any
311 other employee benefit system or plan maintained by a participating employer for the benefit of
312 a member or participant.
313 (d) "Compensation" for purposes of this chapter may not exceed the amount allowed
314 under Section 401(a)(17), Internal Revenue Code.
315 (2) (a) "Disability" means the complete inability, due to objective medical impairment,
316 whether physical or mental, to perform firefighter service.
317 (b) "Disability" does not include the inability to meet an employer's required standards
318 or tests relating to fitness, physical ability, or agility that is not a result of a disability as defined
319 under Subsection (2)(a).
320 (3) (a) "Final average salary" means the amount calculated by averaging the highest
321 three years of annual compensation preceding retirement subject to Subsections (3)(b), (c), and
322 (d).
323 (b) Except as provided in Subsection (3)(c), the percentage increase in annual
324 compensation in any one of the years used may not exceed the previous year's compensation by
325 more than 10% plus a cost-of-living adjustment equal to the decrease in the purchasing power
326 of the dollar during the previous year, as measured by a United States Bureau of Labor
327 Statistics Consumer Price Index average as determined by the board.
328 (c) In cases where the participating employer provides acceptable documentation to the
329 office, the limitation in Subsection [
330 (i) the member has transferred from another agency; or
331 (ii) the member has been promoted to a new position.
332 (d) The annual compensation used to calculate final average salary shall be based on a
333 period, as determined by the board, consistent with the period used to determine years of
334 service credit in accordance with Subsection (13).
335 (4) (a) "Firefighter service" means employment normally requiring an average of 2,080
336 hours of regularly scheduled employment per year rendered by a member who is:
337 (i) a firefighter service employee trained in firefighter techniques and assigned to a
338 position of hazardous duty with a regularly constituted fire department; or
339 (ii) the state fire marshal appointed under Section 53-7-103 or a deputy state fire
340 marshal.
341 (b) "Firefighter service" does not include secretarial staff or other similar employees.
342 (5) (a) "Firefighter service employee" means an employee of a participating employer
343 who provides firefighter service under this chapter.
344 (b) "Firefighter service employee" does not include an employee of a regularly
345 constituted fire department who does not perform firefighter service.
346 (6) (a) "Line-of-duty death or disability" means a death or disability resulting from:
347 (i) external force, violence, or disease directly resulting from firefighter service; or
348 (ii) strenuous activity, including a heart attack or stroke, that occurs during strenuous
349 training or another strenuous activity required as an act of duty as a firefighter service
350 employee.
351 (b) "Line-of-duty death or disability" does not include a death or disability that:
352 (i) occurs during an activity that is required as an act of duty as a firefighter service
353 employee if the activity is not a strenuous activity, including an activity that is clerical,
354 administrative, or of a nonmanual nature;
355 (ii) occurs during the commission of a crime committed by the employee;
356 (iii) occurs when the employee's intoxication or use of alcohol or drugs, whether
357 prescribed or nonprescribed, contributes to the employee's death or disability; or
358 (iv) occurs in a manner other than as described in Subsection (6)(a).
359 (c) "Line-of-duty death or disability" includes the death or disability of a paid
360 firefighter resulting from heart disease, lung disease, or a respiratory tract condition if the paid
361 firefighter has five years of firefighter service credit.
362 (7) "Objective medical impairment" means an impairment resulting from an injury or
363 illness that is diagnosed by a physician or physician assistant and that is based on accepted
364 objective medical tests or findings rather than subjective complaints.
365 (8) "Participating employer" means an employer that meets the participation
366 requirements of Section 49-16-201.
367 (9) "Regularly constituted fire department" means a fire department that employs a fire
368 chief who performs firefighter service for at least 2,080 hours of regularly scheduled paid
369 employment per year.
370 (10) (a) "Strenuous activity" means engagement involving a difficult, stressful, or
371 vigorous fire suppression, rescue, hazardous material response, emergency medical service,
372 physical law enforcement, prison security, disaster relief, or other emergency response activity.
373 (b) "Strenuous activity" includes participating in a participating employer sanctioned
374 and funded training exercise that involves difficult, stressful, or vigorous physical activity.
375 (11) "System" means the Firefighters' Retirement System created under this chapter.
376 (12) (a) "Volunteer firefighter" means any individual who is not regularly employed as
377 a firefighter service employee, but who:
378 (i) has been trained in firefighter techniques and skills;
379 (ii) continues to receive regular firefighter training; and
380 (iii) is on the rolls of a legally organized volunteer fire department that provides
381 ongoing training and serves a political subdivision of the state.
382 (b) "Volunteer firefighter" does not include an individual who volunteers assistance but
383 does not meet the requirements of Subsection (12)(a).
384 (13) "Years of service credit" means the number of periods, each to consist of 12 full
385 months as determined by the board, whether consecutive or not, during which a firefighter
386 service employee was employed by a participating employer or received full-time pay while on
387 sick leave, including any time the firefighter service employee was absent in the service of the
388 United States on military duty.
389 Section 5. Section 49-16-701 is amended to read:
390 49-16-701. Volunteer firefighters eligible for line-of-duty death and disability
391 benefits in Division A -- Computation of benefit.
392 (1) A volunteer firefighter is only eligible for line-of-duty death and line-of-duty
393 disability benefits provided for firefighters enrolled in Division A, subject to Sections
394 49-16-602 and 49-16-603.
395 (2) The lowest monthly compensation of firefighters of a city of the first class in this
396 state at the time of death or disability shall be considered to be the final average monthly salary
397 of a volunteer firefighter for purposes of computing these benefits.
398 (3) Each volunteer fire department shall maintain a current roll of all volunteer
399 firefighters [
400 to determine eligibility for this benefit.
401 Section 6. Section 49-21-402 is amended to read:
402 49-21-402. Reduction or reimbursement of benefit -- Circumstances --
403 Application for other benefits required.
404 (1) A monthly disability benefit may be reduced, suspended, or terminated unless:
405 (a) the eligible employee [
406
407 Subsection 49-21-406(3) or (4); and
408 (b) the eligible employee provides the information and documentation requested by the
409 office.
410 (2) (a) The monthly disability benefit shall be reduced or reimbursed by any amount
411 received by, or payable to, the eligible employee for the same injury or illness that is the basis
412 for the monthly disability benefit from the following sources:
413 (i) workers' compensation indemnity benefits, regardless of whether the amount is
414 received as an ongoing monthly benefit, as a lump sum, or in a settlement with a workers'
415 compensation indemnity carrier;
416 (ii) any money received by judgment, legal action, or settlement from a third party
417 liable to the employee for the monthly disability benefit;
418 (iii) automobile no-fault, medical payments, or similar insurance payments;
419 (iv) any money received by a judgment, settlement, or other payment as a result of a
420 claim against an employer; or
421 (v) annual leave or similar lump-sum payments.
422 (b) The monthly disability benefit shall be reduced or reimbursed by any amount
423 received by, or payable to, the eligible employee for the same period of time during which the
424 eligible employee is entitled to receive a monthly disability benefit from the following sources:
425 (i) social security disability benefits, including all benefits received by the eligible
426 employee, the eligible employee's spouse, and the eligible employee's children as determined
427 by the Social Security Administration;
428 (ii) unemployment compensation benefits;
429 (iii) sick leave benefits; or
430 (iv) compensation received for employment, including self-employment, except for
431 eligible amounts from approved rehabilitative employment in accordance with Section
432 49-21-406.
433 (3) The monthly disability benefit shall be reduced by any amount in excess of
434 one-third of the eligible employee's regular monthly salary received by, or payable to, the
435 eligible employee from the following sources for the same period of time during which the
436 eligible employee is entitled to receive a monthly disability benefit:
437 (a) any retirement payment earned through or provided by public or private
438 employment; and
439 (b) any disability benefit, other than social security or workers' compensation
440 indemnity benefits, resulting from the disability for which benefits are being received under
441 this chapter.
442 (4) After the date of disability, cost-of-living increases to any of the benefits listed in
443 Subsection (2) or (3) may not be considered in calculating a reduction to the monthly disability
444 benefit.
445 (5) Any amounts payable to the eligible employee from one or more of the sources
446 under Subsection (2) are considered as amounts received whether or not the amounts were
447 actually received by the eligible employee.
448 (6) (a) An eligible employee shall first apply for all disability benefits from
449 governmental entities under Subsection (2) to which the eligible employee is or may be
450 entitled, and provide to the office evidence of the applications.
451 (b) If the eligible employee fails to make application under this Subsection (6), the
452 monthly disability benefit shall be suspended.
453 (7) During a period of total disability, an eligible employee has an affirmative duty to
454 keep the program informed regarding:
455 (a) the award or receipt of an amount from a source that could result in the monthly
456 disability benefit being reduced or reimbursed under this section within 10 days of the award or
457 receipt of the amount; and
458 (b) any employment, including self-employment, of the eligible employee and the
459 compensation for that employment within 10 days of beginning the employment or a material
460 change in the compensation from that employment.
461 (8) The program shall use commercially reasonable means to collect any amounts of
462 overpayments and reimbursements.
463 (9) (a) If the program is unable to reduce or obtain reimbursement for the required
464 amount from the monthly disability benefit for any reason, the employee will have received an
465 overpayment of monthly disability benefits.
466 (b) If an eligible employee receives an overpayment of monthly disability benefits, the
467 eligible employee shall repay to the office the amount of the overpayment, plus interest as
468 determined by the program, within 30 days from the date the overpayment is received by:
469 (i) the eligible employee; or
470 (ii) a third party related to the eligible employee.
471 (c) The executive director may waive the interest on an overpayment of monthly
472 disability benefits under Subsection (9)(b) if good cause is shown for the delay in repayment of
473 the overpayment of monthly disability benefits.
474 Section 7. Section 49-21-406 is amended to read:
475 49-21-406. Rehabilitative employment -- Interview by disability specialist --
476 Maintaining eligibility -- Additional treatment and care.
477 (1) (a) If an eligible employee, during a period of total disability for which the monthly
478 disability benefit is payable, engages in approved rehabilitative employment, the monthly
479 disability benefit otherwise payable shall be reduced:
480 (i) by an amount equal to 50% of the income to which the eligible employee is entitled
481 for the employment during the month; and
482 (ii) so that the combined amount received from the rehabilitative employment and the
483 monthly disability payment does not exceed 100% of the eligible employee's monthly salary
484 prior to the employee's disability.
485 (b) This rehabilitative benefit is payable for up to two years or to the end of the
486 maximum benefit period, whichever occurs first.
487 (2) (a) The office shall review an eligible employee's total disability at least one time
488 each year.
489 (b) [
490 disability benefit [
491 [
492 specialist for a review of the eligible employee's condition and a written rehabilitation plan and
493 return to work assistance.
494 (3) If an eligible employee receiving a monthly disability benefit fails to participate in
495 an office-approved rehabilitation program within the limitations set forth by a physician or
496 physician assistant, the monthly disability benefit may be reduced, suspended, or terminated.
497 (4) The office may, as a condition of paying a monthly disability benefit, require that
498 the eligible employee receive medical care and treatment if that treatment is reasonable or usual
499 according to current medical practices.
500 Section 8. Section 49-23-301 is amended to read:
501 49-23-301. Contributions.
502 (1) Participating employers and members shall pay the certified contribution rates to
503 the office to maintain the defined benefit portion of this system on a financially and actuarially
504 sound basis in accordance with Subsection (2).
505 (2) (a) A participating employer shall pay up to 14% of compensation toward the
506 certified contribution rate to the office for the defined benefit portion of this system.
507 (b) Except as provided in Subsection (2)(c), a member shall pay to the office the
508 amount, if any, of the certified contribution rate for the defined benefit portion of this system
509 that exceeds the percent of compensation paid by the participating employer under Subsection
510 (2)(a).
511 (c) A participating employer may elect to pay all or part of the required member
512 contribution under Subsection (2)(b) on behalf of the member as an employer pick up under 26
513 U.S.C. Sec. 414(h)(2), in addition to the required participating employer contribution under
514 Subsection (2)(a).
515 (d) In addition to the percent specified under Subsection (2)(a), the participating
516 employer shall pay the corresponding Tier I system amortization rate of the employee's
517 compensation to the office to be applied to the employer's corresponding Tier I system liability.
518 (3) (a) A member contribution is credited by the office to the account of the individual
519 member.
520 (b) This amount, together with refund interest, is held in trust for the payment of
521 benefits to the member or the member's beneficiaries.
522 (c) A member contribution is vested and nonforfeitable.
523 (4) (a) Each member is considered to consent to payroll deductions of member
524 contributions.
525 (b) The payment of compensation less these payroll deductions is considered full
526 payment for services rendered by the member.
527 (5) Except as provided under Subsection (6), benefits provided under the defined
528 benefit portion of the Tier II hybrid retirement system created under this part:
529 (a) may not be increased unless the actuarial funded ratios of all systems under this title
530 reach 100%; and
531 (b) may be decreased only in accordance with the provisions of Section 49-23-309.
532 (6) (a) The Legislature authorizes increases to the death benefit provided to a Tier II
533 public safety service employee or firefighter member's surviving spouse effective on May 12,
534 2015, and July 1, 2020, as provided in Section 49-23-503.
535 (b) (i) The Legislature authorizes an increase to the multiplier for the calculation of the
536 retirement allowance provided to a member of the New Public Safety and Firefighter Tier II
537 hybrid retirement system effective July 1, 2020, as provided in Section 49-23-304.
538 (ii) The requirements of Section [
539 adjustment described in this Subsection (6)(b).
540 Section 9. Section 49-23-601 is amended to read:
541 49-23-601. Long-term disability coverage.
542 (1) A participating employer shall cover a public safety service employee who initially
543 enters employment on or after July 1, 2011, under Chapter 21, Public Employees' Long-Term
544 Disability Act, or a substantially similar long-term disability program.
545 (2) (a) A participating employer shall cover a firefighter service employee who initially
546 enters employment on or after July 1, 2011, under Chapter 21, Public Employees' Long-Term
547 Disability Act.
548 (b) In accordance with this section, a participating employer shall provide long-term
549 disability benefit coverage for a volunteer firefighter as provided under Section 49-16-701.
550 (c) The office shall ensure that the cost of the long-term disability benefit coverage
551 provided under Subsections (2)(a) and (b) is funded with revenue received under Section
552 49-11-901.5.