Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 115 (2015GS)

Sponsor

Rep. Powell, K.

Final action

Governor Signed 4/1/2015

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• provides definitions;
• requires the state to cover its certified dispatchers under the public safety retirement systems;
• authorizes other participating employers to elect to cover their certified dispatchers under the public safety retirement systems; and
• makes technical corrections.

Every vote on this bill

Bill text

PUBLIC SAFETY RETIREMENT FOR DISPATCHERS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Kraig Powell
Senate Sponsor: 
 Curtis S. Bramble
LONG TITLE
General Description:
This bill allows certified dispatchers to be covered in the public safety retirement
systems.
Highlighted Provisions:
This bill:
▸ provides definitions;
▸ requires the state to cover its certified dispatchers under the public safety retirement
systems;
▸ authorizes other participating employers to elect to cover their certified dispatchers
under the public safety retirement systems; and
▸ makes technical corrections.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
49-14-102
, as last amended by Laws of Utah 2013, Chapter 40
49-14-201
, as last amended by Laws of Utah 2014, Chapter 15
49-15-102
, as last amended by Laws of Utah 2013, Chapter 40
49-15-201
, as last amended by Laws of Utah 2014, Chapter 15
49-23-102
, as last amended by Laws of Utah 2013, Chapter 40
49-23-201
, as last amended by Laws of Utah 2014, Chapter 15
49-23-503
, as last amended by Laws of Utah 2014, Chapter 15
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
49-14-102
 is amended to read:
49-14-102.
Definitions.
As used in this chapter:
(1) (a) "Compensation" means the total amount of payments that are includable in
gross income which are received by a public safety service employee as base income for the
regularly scheduled work period. The participating employer shall establish the regularly
scheduled work period. Base income shall be determined prior to the deduction of member
contributions or any amounts the public safety service employee authorizes to be deducted for
salary deferral or other benefits authorized by federal law.
(b) "Compensation" includes performance-based bonuses and cost-of-living
adjustments.
(c) "Compensation" does not include:
(i) overtime;
(ii) sick pay incentives;
(iii) retirement pay incentives;
(iv) the monetary value of remuneration paid in kind, including a residence, use of
equipment or uniform, travel, or similar payments;
(v) a lump-sum payment or special payments covering accumulated leave; and
(vi) all contributions made by a participating employer under this system or under any
other employee benefit system or plan maintained by a participating employer for the benefit of
a member or participant.
(d) "Compensation" for purposes of this chapter may not exceed the amount allowed
under Internal Revenue Code Section 401(a)(17).
(2) "Dispatcher" means the same as that term is defined in Section 
53-6-102
.
[
(2)
] 
(3)
 "Final average salary" means the amount computed by averaging the highest
three years of annual compensation preceding retirement[
,
] subject to Subsections [
(2)
] 
(3)
(a)
and (b).
(a) Except as provided in Subsection [
(2)
] 
(3)
(b), the percentage increase in annual
compensation in any one of the years used may not exceed the previous year's compensation by
more than 10% plus a cost-of-living adjustment equal to the decrease in the purchasing power
of the dollar during the previous year, as measured by a United States Bureau of Labor
Statistics Consumer Price Index average as determined by the board.
(b) In cases where the participating employer provides acceptable documentation to the
office, the limitation in Subsection [
(2)
] 
(3)
(a) may be exceeded if:
(i) the public safety service employee has transferred from another agency; or
(ii) the public safety service employee has been promoted to a new position.
[
(3)
] 
(4)
 (a) "Line-of-duty death" means a death resulting from:
(i) external force, violence, or disease occasioned by an act of duty as a public safety
service employee; or
(ii) strenuous activity, including a heart attack or stroke, that occurs during strenuous
training or another strenuous activity required as an act of duty as a public safety service
employee.
(b) "Line-of-duty death" does not include a death that:
(i) occurs during an activity that is required as an act of duty as a public safety service
employee if the activity is not a strenuous activity, including an activity that is clerical,
administrative, or of a nonmanual nature;
(ii) occurs during the commission of a crime committed by the employee;
(iii) the employee's intoxication or use of alcohol or drugs, whether prescribed or
nonprescribed, contributes to the employee's death; or
(iv) occurs in a manner other than as described in Subsection [
(3)
] 
(4)
(a).
[
(4)
] 
(5)
 "Participating employer" means an employer which meets the participation
requirements of Section 
49-14-201
.
[
(5)
] 
(6)
 (a) "Public safety service" means employment normally requiring an average
of 2,080 hours of regularly scheduled employment per year rendered by a member who is a:
(i) law enforcement officer in accordance with Section 
53-13-103
;
(ii) correctional officer in accordance with Section 
53-13-104
;
(iii) special function officer approved in accordance with Sections 
49-14-201
 and
53-13-105
; [
and
]
(iv) dispatcher who is certified in accordance with Section 
53-6-303
; or
[
(iv)
] 
(v)
 full-time member of the Board of Pardons and Parole created under Section
77-27-2
.
(b) Except as provided under [
Subsection (5)
] 
Subsections (6)
(a)(iv) 
and (v)
, "public
safety service" also requires that in the course of employment the employee's life or personal
safety is at risk.
(c) Except for the minimum hour requirement, Subsections[
 (5)
] 
(6)
(a) and (b) do not
apply to any person who was eligible for service credit in this system before January 1, 1984.
[
(6)
] 
(7)
 "Public safety service employee" means an employee of a participating
employer who performs public safety service under this chapter.
[
(7)
] 
(8)
 (a) "Strenuous activity" means engagement involving a difficult, stressful, or
vigorous fire suppression, rescue, hazardous material response, emergency medical service,
physical law enforcement, prison security, disaster relief, or other emergency response activity.
(b) "Strenuous activity" includes participating in a participating employer sanctioned
and funded training exercise that involves difficult, stressful, or vigorous physical activity.
[
(8)
] 
(9)
 "System" means the Public Safety Contributory Retirement System created
under this chapter.
[
(9)
] 
(10)
 "Years of service credit" means the number of periods, each to consist of 12
full months as determined by the board, whether consecutive or not, during which a public
safety service employee was employed by a participating employer, including time the public
safety service employee was absent in the service of the United States government on military
duty.
Section 2. Section 
49-14-201
 is amended to read:
49-14-201.
System membership -- Eligibility.
(1) Except as provided in Section 
49-15-201
, a public safety service employee of a
participating employer participating in this system is eligible for service credit in this system at
the earliest of:
(a) July 1, 1969, if the public safety service employee was employed by the
participating employer on July 1, 1969, and the participating employer was participating in this
system on that date;
(b) the date the participating employer begins participating in this system if the public
safety service employee was employed by the participating employer on that date; or
(c) the date the public safety service employee is employed by the participating
employer and is eligible to perform public safety service, except that a public safety service
employee initially entering employment with a participating employer on or after July 1, 2011,
who does not have service credit accrued before July 1, 2011, in a Tier I system or plan
administered by the board, may not participate in this system.
(2) (a) (i) A participating employer that has public safety service and firefighter service
employees that require cross-training and duty shall enroll those dual purpose employees in the
system in which the greatest amount of time is actually worked.
(ii) The employees shall either be full-time public safety service or full-time firefighter
service employees of the participating employer.
(b) (i) Prior to transferring a dual purpose employee from one system to another, the
participating employer shall receive written permission from the office.
(ii) The office may request documentation to verify the appropriateness of the transfer.
(3) The board may combine or segregate the actuarial experience of participating
employers in this system for the purpose of setting contribution rates.
(4) (a) (i) Each participating employer participating in this system shall annually
submit to the office a schedule indicating the positions to be covered under this system in
accordance with this chapter.
(ii) The office may require documentation to justify the inclusion of any position under
this system.
(b) If there is a dispute between the office and a participating employer or employee
over any position to be covered, the disputed position shall be submitted to the Peace Officer
Standards and Training Council established under Section 
53-6-106
 for determination.
(c) (i) The Peace Officer Standards and Training Council's authority to decide
eligibility for public safety service credit is limited to claims for coverage under this system for
time periods after July 1, 1989.
(ii) A decision of the Peace Officer Standards and Training Council may not be applied
to service credit earned in another system prior to July 1, 1989.
(iii) Except as provided under Subsection (4)(c)(iv), a decision of the Peace Officer
Standards and Training Council granting a position coverage under this system may only be
applied prospectively from the date of that decision.
(iv) A decision of the Peace Officer Standards and Training Council granting a position
coverage under this system may be applied retroactively only if:
(A) the participating employer covered other similarly situated positions under this
system during the time period in question; and
(B) the position otherwise meets all eligibility requirements for receiving service credit
in this system during the period for which service credit is to be granted.
(5) The Peace Officer Standards and Training Council may use a subcommittee to
provide a recommendation to the council in determining disputes between the office and a
participating employer or employee over a position to be covered under this system.
(6) The Peace Officer Standards and Training Council shall comply with Title 63G,
Chapter 4, Administrative Procedures Act, in resolving coverage disputes in this system.
(7) A public safety employee who is transferred or promoted to an administration
position not covered by this system shall continue to earn public safety service credit in this
system as long as the employee remains employed in the same department.
(8) Any employee who is reassigned to the Department of Technology Services or to
the Department of Human Resource Management, and who was a member of this system, shall
be entitled to remain a member of this system.
(9) (a) To determine that a position is covered under this system, the office and, if a
coverage dispute arises, the Peace Officer Standards and Training Council shall find that the
position requires the employee to:
(i) 
except for a dispatcher,
 place the employee's life or personal safety at risk; and
(ii) complete training as provided in Section 
53-13-103
, 
53-13-104
, [
or
] 
53-13-105
, or
53-6-303
.
(b) If a position satisfies the requirements of Subsection (9)(a), the office and the Peace
Officer Standards and Training Council shall consider whether or not the position requires the
employee to:
(i) perform duties that consist primarily of actively preventing or detecting crime and
enforcing criminal statutes or ordinances of this state or any of its political subdivisions;
(ii) perform duties that consist primarily of providing community protection; and
(iii) respond to situations involving threats to public safety and make emergency
decisions affecting the lives and health of others.
(10) If a subcommittee is used to recommend the determination of disputes to the
Peace Officer Standards and Training Council, the subcommittee shall comply with the
requirements of Subsection (9) in making its recommendation.
(11) A final order of the Peace Officer Standards and Training Council regarding a
dispute is a final agency action for purposes of Title 63G, Chapter 4, Administrative
Procedures Act.
(12) Except as provided under Subsection (13), if a participating employer's public
safety service employees are not covered by this system or under Chapter 15, Public Safety
Noncontributory Retirement Act, as of January 1, 1998, those public safety service employees
who may otherwise qualify for membership in this system shall, at the discretion of the
participating employer, remain in their current retirement system.
(13) (a) A public safety service employee employed by an airport police department,
which elects to cover its public safety service employees under the Public Safety
Noncontributory Retirement System under Subsection (12), may elect to remain in the public
safety service employee's current retirement system.
(b) The public safety service employee's election to remain in the current retirement
system under Subsection (13)(a):
(i) shall be made at the time the employer elects to move its public safety service
employees to a public safety retirement system;
(ii) documented by written notice to the participating employer; and
(iii) is irrevocable.
(14) (a) Subject to Subsection (15), beginning July 1, 2015, a public safety service
employee who is a dispatcher employed by:
(i) the state shall be eligible for service credit in this system; and
(ii) a participating employer other than the state shall be eligible for service credit in
this system if the dispatcher's participating employer elects to cover its dispatchers under this
system.
(b) A participating employer's election to cover its dispatchers under this system under
Subsection (14)(a)(ii) is irrevocable and shall be documented by a resolution adopted by the
governing body of the participating employer in accordance with rules made by the office.
(c) A dispatcher's service before July 1, 2015, or before a date specified by resolution
of a participating employer under Subsection (14)(b), is not eligible for service credit in this
system.
[
(14)
] 
(15)
 Notwithstanding any other provision of this section, a person initially
entering employment with a participating employer on or after July 1, 2011, who does not have
service credit accrued before July 1, 2011, in a Tier I system or plan administered by the board,
may not participate in this system.
Section 3. Section 
49-15-102
 is amended to read:
49-15-102.
Definitions.
As used in this chapter:
(1) (a) "Compensation" means the total amount of payments that are includable in
gross income received by a public safety service employee as base income for the regularly
scheduled work period. The participating employer shall establish the regularly scheduled
work period. Base income shall be determined prior to the deduction of any amounts the
public safety service employee authorizes to be deducted for salary deferral or other benefits
authorized by federal law.
(b) "Compensation" includes performance-based bonuses and cost-of-living
adjustments.
(c) "Compensation" does not include:
(i) overtime;
(ii) sick pay incentives;
(iii) retirement pay incentives;
(iv) the monetary value of remuneration paid in kind, as in a residence, use of
equipment or uniform, travel, or similar payments;
(v) a lump-sum payment or special payment covering accumulated leave; and
(vi) all contributions made by a participating employer under this system or under any
other employee benefit system or plan maintained by a participating employer for the benefit of
a member or participant.
(d) "Compensation" for purposes of this chapter may not exceed the amount allowed
under Internal Revenue Code Section 401(a)(17).
(2) "Dispatcher" means the same as that term is defined in Section 
53-6-102
.
[
(2)
] 
(3)
 "Final average salary" means the amount computed by averaging the highest
three years of annual compensation preceding retirement subject to Subsections [
(2)
] 
(3)
(a) and
(b).
(a) Except as provided in Subsection [
(2)
] 
(3)
(b), the percentage increase in annual
compensation in any one of the years used may not exceed the previous year's compensation by
more than 10% plus a cost-of-living adjustment equal to the decrease in the purchasing power
of the dollar during the previous year, as measured by a United States Bureau of Labor
Statistics Consumer Price Index average as determined by the board.
(b) In cases where the participating employer provides acceptable documentation to the
office, the limitation in Subsection [
(2)
] 
(3)
(a) may be exceeded if:
(i) the public safety service employee has transferred from another agency; or
(ii) the public safety service employee has been promoted to a new position.
[
(3)
] 
(4)
 (a) "Line-of-duty death" means a death resulting from:
(i) external force, violence, or disease occasioned by an act of duty as a public safety
service employee; or
(ii) strenuous activity, including a heart attack or stroke, that occurs during strenuous
training or another strenuous activity required as an act of duty as a public safety service
employee.
(b) "Line-of-duty death" does not include a death that:
(i) occurs during an activity that is required as an act of duty as a public safety service
employee if the activity is not a strenuous activity, including an activity that is clerical,
administrative, or of a nonmanual nature;
(ii) occurs during the commission of a crime committed by the employee;
(iii) the employee's intoxication or use of alcohol or drugs, whether prescribed or
nonprescribed, contributes to the employee's death; or
(iv) occurs in a manner other than as described in Subsection [
(3)
] 
(4)
(a).
[
(4)
] 
(5)
 "Participating employer" means an employer which meets the participation
requirements of Section 
49-15-201
.
[
(5)
] 
(6)
 (a) "Public safety service" means employment normally requiring an average
of 2,080 hours of regularly scheduled employment per year rendered by a member who is a:
(i) law enforcement officer in accordance with Section 
53-13-103
;
(ii) correctional officer in accordance with Section 
53-13-104
;
(iii) special function officer approved in accordance with Sections 
49-15-201
 and
53-13-105
; [
and
]
(iv) dispatcher who is certified in accordance with Section 
53-6-303
; or
[
(iv)
] 
(v)
 full-time member of the Board of Pardons and Parole created under Section
77-27-2
.
(b) Except as provided under [
Subsection (5)
] 
Subsections (6)
(a)(iv) 
and (v)
, "public
safety service" also requires that in the course of employment the employee's life or personal
safety is at risk.
[
(6)
] 
(7)
 "Public safety service employee" means an employee of a participating
employer who performs public safety service under this chapter.
[
(7)
] 
(8)
 (a) "Strenuous activity" means engagement involving a difficult, stressful, or
vigorous fire suppression, rescue, hazardous material response, emergency medical service,
physical law enforcement, prison security, disaster relief, or other emergency response activity.
(b) "Strenuous activity" includes participating in a participating employer sanctioned
and funded training exercise that involves difficult, stressful, or vigorous physical activity.
[
(8)
] 
(9)
 "System" means the Public Safety Noncontributory Retirement System created
under this chapter.
[
(9)
] 
(10)
 "Years of service credit" means the number of periods, each to consist of 12
full months as determined by the board, whether consecutive or not, during which a public
safety service employee was employed by a participating employer, including time the public
safety service employee was absent in the service of the United States government on military
duty.
Section 4. Section 
49-15-201
 is amended to read:
49-15-201.
System membership -- Eligibility.
(1) (a) A public safety service employee employed by the state after July 1, 1989, but
before July 1, 2011, is eligible for service credit in this system.
(b) A public safety service employee employed by the state prior to July 1, 1989, may
either elect to receive service credit in this system or continue to receive service credit under
the system established under Chapter 14, Public Safety Contributory Retirement Act, by
following the procedures established by the board under this chapter.
(2) (a) Public safety service employees of a participating employer other than the state
that elected on or before July 1, 1989, to remain in the Public Safety Contributory Retirement
System shall be eligible only for service credit in that system.
(b) (i) A participating employer other than the state that elected on or before July 1,
1989, to participate in this system shall, have allowed, prior to July 1, 1989, a public safety
service employee to elect to participate in either this system or the Public Safety Contributory
Retirement System.
(ii) Except as expressly allowed by this title, the election of the public safety service
employee is final and may not be changed.
(c) A public safety service employee hired by a participating employer other than the
state after July 1, 1989, but before July 1, 2011, shall become a member in this system.
(d) A public safety service employee of a participating employer other than the state
who began participation in this system after July 1, 1989, but before July 1, 2011, is only
eligible for service credit in this system.
(e) A person initially entering employment with a participating employer on or after
July 1, 2011, who does not have service credit accrued before July 1, 2011, in a Tier I system
or plan administered by the board, may not participate in this system.
(3) (a) (i) A participating employer that has public safety service and firefighter service
employees that require cross-training and duty shall enroll those dual purpose employees in the
system in which the greatest amount of time is actually worked.
(ii) The employees shall either be full-time public safety service or full-time firefighter
service employees of the participating employer.
(b) (i) Prior to transferring a dual purpose employee from one system to another, the
participating employer shall receive written permission from the office.
(ii) The office may request documentation to verify the appropriateness of the transfer.
(4) The board may combine or segregate the actuarial experience of participating
employers in this system for the purpose of setting contribution rates.
(5) (a) (i) Each participating employer participating in this system shall annually
submit to the office a schedule indicating the positions to be covered under this system in
accordance with this chapter.
(ii) The office may require documentation to justify the inclusion of any position under
this system.
(b) If there is a dispute between the office and a participating employer or employee
over any position to be covered, the disputed position shall be submitted to the Peace Officer
Standards and Training Council established under Section 
53-6-106
 for determination.
(c) (i) The Peace Officer Standards and Training Council's authority to decide
eligibility for public safety service credit is limited to claims for coverage under this system for
time periods after July 1, 1989.
(ii) A decision of the Peace Officer Standards and Training Council may not be applied
to service credit earned in another system prior to July 1, 1989.
(iii) Except as provided under Subsection (5)(c)(iv), a decision of the Peace Officer
Standards and Training Council granting a position coverage under this system may only be
applied prospectively from the date of that decision.
(iv) A decision of the Peace Officer Standards and Training Council granting a position
coverage under this system may be applied retroactively only if:
(A) the participating employer covered other similarly situated positions under this
system during the time period in question; and
(B) the position otherwise meets all eligibility requirements for receiving service credit
in this system during the period for which service credit is to be granted.
(6) The Peace Officer Standards and Training Council may use a subcommittee to
provide a recommendation to the council in determining disputes between the office and a
participating employer or employee over a position to be covered under this system.
(7) The Peace Officer Standards and Training Council shall comply with Title 63G,
Chapter 4, Administrative Procedures Act, in resolving coverage disputes in this system.
(8) A public safety service employee who is transferred or promoted to an
administration position not covered by this system shall continue to earn public safety service
credit in this system as long as the employee remains employed in the same department.
(9) Any employee who is reassigned to the Department of Technology Services or to
the Department of Human Resource Management, and who was a member in this system, shall
be entitled to remain a member in this system.
(10) (a) To determine that a position is covered under this system, the office and, if a
coverage dispute arises, the Peace Officer Standards and Training Council shall find that the
position requires the employee to:
(i) 
except for a dispatcher,
 place the employee's life or personal safety at risk; and
(ii) complete training as provided in Section 
53-13-103
, 
53-13-104
, [
or
] 
53-13-105
, or
53-6-303
.
(b) If a position satisfies the requirements of Subsection (10)(a), the office and Peace
Officer Standards and Training Council shall consider whether the position requires the
employee to:
(i) perform duties that consist primarily of actively preventing or detecting crime and
enforcing criminal statutes or ordinances of this state or any of its political subdivisions;
(ii) perform duties that consist primarily of providing community protection; and
(iii) respond to situations involving threats to public safety and make emergency
decisions affecting the lives and health of others.
(11) If a subcommittee is used to recommend the determination of disputes to the
Peace Officer Standards and Training Council, the subcommittee shall comply with the
requirements of Subsection (10) in making its recommendation.
(12) A final order of the Peace Officer Standards and Training Council regarding a
dispute is a final agency action for purposes of Title 63G, Chapter 4, Administrative
Procedures Act.
(13) Except as provided under Subsection (14), if a participating employer's public
safety service employees are not covered by this system or under Chapter 14, Public Safety
Contributory Retirement Act, as of January 1, 1998, those public safety service employees who
may otherwise qualify for membership in this system shall, at the discretion of the participating
employer, remain in their current retirement system.
(14) (a) A public safety service employee employed by an airport police department,
which elects to cover its public safety service employees under the Public Safety
Noncontributory Retirement System under Subsection (13), may elect to remain in the public
safety service employee's current retirement system.
(b) The public safety service employee's election to remain in the current retirement
system under Subsection (14)(a):
(i) shall be made at the time the employer elects to move its public safety service
employees to a public safety retirement system;
(ii) documented by written notice to the participating employer; and
(iii) is irrevocable.
(15) (a) Subject to Subsection (16), beginning July 1, 2015, a public safety service
employee who is a dispatcher employed by:
(i) the state shall be eligible for service credit in this system; and
(ii) a participating employer other than the state shall be eligible for service credit in
this system if the dispatcher's participating employer elects to cover its dispatchers under this
system.
(b) A participating employer's election to cover its dispatchers under this system under
Subsection (15)(a)(ii) is irrevocable and shall be documented by a resolution adopted by the
governing body of the participating employer in accordance with rules made by the office.
(c) A dispatcher's service before July 1, 2015, or before a date specified by resolution
of a participating employer under Subsection (15)(b), is not eligible for service credit in this
system.
[
(15)
] 
(16)
 Notwithstanding any other provision of this section, a person initially
entering employment with a participating employer on or after July 1, 2011, who does not have
service credit accrued before July 1, 2011, in a Tier I system or plan administered by the board,
may not participate in this system.
Section 5. Section 
49-23-102
 is amended to read:
49-23-102.
Definitions.
As used in this chapter:
(1) (a) "Compensation" means the total amount of payments that are includable in
gross income received by a public safety service employee or a firefighter service employee as
base income for the regularly scheduled work period. The participating employer shall
establish the regularly scheduled work period. Base income shall be determined prior to the
deduction of any amounts the public safety service employee or firefighter service employee
authorizes to be deducted for salary deferral or other benefits authorized by federal law.
(b) "Compensation" includes performance-based bonuses and cost-of-living
adjustments.
(c) "Compensation" does not include:
(i) overtime;
(ii) sick pay incentives;
(iii) retirement pay incentives;
(iv) the monetary value of remuneration paid in kind, as in a residence, use of
equipment or uniform, travel, or similar payments;
(v) a lump-sum payment or special payment covering accumulated leave; and
(vi) all contributions made by a participating employer under this system or under any
other employee benefit system or plan maintained by a participating employer for the benefit of
a member or participant.
(d) "Compensation" for purposes of this chapter may not exceed the amount allowed
under Internal Revenue Code Section 401(a)(17).
(2) "Corresponding Tier I system" means the system or plan that would have covered
the member if the member had initially entered employment before July 1, 2011.
(3) "Dispatcher" means the same as that term is defined in Section 
53-6-102
.
[
(3)
] 
(4)
 "Final average salary" means the amount computed by averaging the highest
five years of annual compensation preceding retirement subject to Subsections [
(3)
] 
(4)
(a), (b),
(c), and (d).
(a) Except as provided in Subsection [
(3)
] 
(4)
(b), the percentage increase in annual
compensation in any one of the years used may not exceed the previous year's compensation by
more than 10% plus a cost-of-living adjustment equal to the decrease in the purchasing power
of the dollar during the previous year, as measured by a United States Bureau of Labor
Statistics Consumer Price Index average as determined by the board.
(b) In cases where the participating employer provides acceptable documentation to the
office, the limitation in Subsection [
(3)
] 
(4)
(a) may be exceeded if:
(i) the member has transferred from another agency; or
(ii) the member has been promoted to a new position.
(c) If the member retires more than six months from the date of termination of
employment, the member is considered to have been in service at the member's last rate of pay
from the date of the termination of employment to the effective date of retirement for purposes
of computing the member's final average salary only.
(d) If the member has less than five years of service credit in this system, final average
salary means the average annual compensation paid to the member during the full period of
service credit.
[
(4)
] 
(5)
 "Firefighter service" means employment normally requiring an average of
2,080 hours of regularly scheduled employment per year rendered by a member who is a
firefighter service employee trained in firefighter techniques and assigned to a position of
hazardous duty with a regularly constituted fire department, but does not include secretarial
staff or other similar employees.
[
(5)
] 
(6)
 "Firefighter service employee" means an employee of a participating employer
who provides firefighter service under this chapter. An employee of a regularly constituted fire
department who does not perform firefighter service is not a firefighter service employee.
[
(6)
] 
(7)
 (a) "Line-of-duty death" means a death resulting from:
(i) external force, violence, or disease occasioned by an act of duty as a public safety
service or firefighter service employee; or
(ii) strenuous activity, including a heart attack or stroke, that occurs during strenuous
training or another strenuous activity required as an act of duty as a public safety service or
firefighter service employee.
(b) "Line-of-duty death" does not include a death that:
(i) occurs during an activity that is required as an act of duty as a public safety service
or firefighter service employee if the activity is not a strenuous activity, including an activity
that is clerical, administrative, or of a nonmanual nature;
(ii) occurs during the commission of a crime committed by the employee;
(iii) the employee's intoxication or use of alcohol or drugs, whether prescribed or
nonprescribed, contributes to the employee's death; or
(iv) occurs in a manner other than as described in Subsection [
(6)
] 
(7)
(a).
[
(7)
] 
(8)
 "Participating employer" means an employer which meets the participation
requirements of:
(a) Sections 
49-14-201
 and 
49-14-202
;
(b) Sections 
49-15-201
 and 
49-15-202
;
(c) Sections 
49-16-201
 and 
49-16-202
; or
(d) Sections 
49-23-201
 and 
49-23-202
.
[
(8)
] 
(9)
 (a) "Public safety service" means employment normally requiring an average
of 2,080 hours of regularly scheduled employment per year rendered by a member who is a:
(i) law enforcement officer in accordance with Section 
53-13-103
;
(ii) correctional officer in accordance with Section 
53-13-104
;
(iii) special function officer approved in accordance with Sections 
49-15-201
 and
53-13-105
; [
and
]
(iv) dispatcher who is certified in accordance with Section 
53-6-303
; and
[
(iv)
] 
(v)
 full-time member of the Board of Pardons and Parole created under Section
77-27-2
.
(b) Except as provided under Subsection [
(8)
] 
(9)
(a)(iv) 
and (v)
, "public safety service"
also requires that in the course of employment the employee's life or personal safety is at risk.
[
(9)
] 
(10)
 "Public safety service employee" means an employee of a participating
employer who performs public safety service under this chapter.
[
(10)
] 
(11)
 (a) "Strenuous activity" means engagement involving a difficult, stressful,
or vigorous fire suppression, rescue, hazardous material response, emergency medical service,
physical law enforcement, prison security, disaster relief, or other emergency response activity.
(b) "Strenuous activity" includes participating in a participating employer sanctioned
and funded training exercise that involves difficult, stressful, or vigorous physical activity.
[
(11)
] 
(12)
 "System" means the New Public Safety and Firefighter Tier II Contributory
Retirement System created under this chapter.
[
(12)
] 
(13)
 (a) "Volunteer firefighter" means any individual that is not regularly
employed as a firefighter service employee, but who:
(i) has been trained in firefighter techniques and skills;
(ii) continues to receive regular firefighter training; and
(iii) is on the rolls of a legally organized volunteer fire department which provides
ongoing training and serves a political subdivision of the state.
(b) An individual that volunteers assistance but does not meet the requirements of
Subsection [
(12)
] 
(13)
(a) is not a volunteer firefighter for purposes of this chapter.
[
(13)
] 
(14)
 "Years of service credit" means:
(a) a period, consisting of 12 full months as determined by the board; or
(b) a period determined by the board, whether consecutive or not, during which a
regular full-time employee performed services for a participating employer, including any time
the regular full-time employee was absent on a paid leave of absence granted by a participating
employer or was absent in the service of the United States government on military duty as
provided by this chapter.
Section 6. Section 
49-23-201
 is amended to read:
49-23-201.
System membership -- Eligibility.
(1) Beginning July 1, 2011, a participating employer that employs public safety service
employees or firefighter service employees shall participate in this system.
(2) (a) A public safety service employee or a firefighter service employee initially
entering employment with a participating employer on or after July 1, 2011, who does not have
service credit accrued before July 1, 2011, in a Tier I system or plan administered by the board,
is eligible:
(i) as a member for service credit and defined contributions under the Tier II hybrid
retirement system established by Part 3, Tier II Hybrid Retirement System; or
(ii) as a participant for defined contributions under the Tier II defined contributions
plan established by Part 4, Tier II Defined Contribution Plan.
(b) A public safety service employee or a firefighter service employee initially entering
employment with a participating employer on or after July 1, 2011, shall:
(i) make an election to participate in the system created under this chapter within 30
days from the date of eligibility for accrual of benefits:
(A) as a member for service credit and defined contributions under the Tier II hybrid
retirement system established by Part 3, Tier II Hybrid Retirement System; or
(B) as a participant for defined contributions under the Tier II defined contribution plan
established by Part 4, Tier II Defined Contribution Plan; and
(ii) electronically submit to the office notification of the member's election under
Subsection (2)(b)(i) in a manner approved by the office.
(c) An election made by a public safety service employee or firefighter service
employee initially entering employment with a participating employer under this Subsection (2)
is irrevocable beginning one year from the date of eligibility for accrual of benefits.
(d) If no election is made under Subsection (2)(b)(i), the public safety service employee
or firefighter service employee shall become a member eligible for service credit and defined
contributions under the Tier II hybrid retirement system established by Part 3, Tier II Hybrid
Retirement System.
(3) (a) Beginning July 1, 2015, a public safety service employee who is a dispatcher
employed by:
(i) the state shall be eligible for service credit in this system; and
(ii) a participating employer other than the state shall be eligible for service credit in
this system if the dispatcher's participating employer elects to cover its dispatchers under this
system.
(b) A participating employer's election to cover its dispatchers under this system under
Subsection (3)(a)(ii) is irrevocable and shall be documented by a resolution adopted by the
governing body of the participating employer in accordance with rules made by the office.
(c) A dispatcher's service before July 1, 2015, or before a date specified by resolution
of a participating employer under Subsection (3)(b), is not eligible for service credit in this
system.
Section 7. Section 
49-23-503
 is amended to read:
49-23-503.
Death of active member in line of duty -- Payment of benefits.
If an active member of this system dies, benefits are payable as follows:
(1) If the death is classified by the office as a line-of-duty death, benefits are payable as
follows:
(a) If the member has accrued less than 20 years of public safety service or firefighter
service credit, the spouse at the time of death shall receive a lump sum of $1,000 and an
allowance equal to 30% of the member's final average monthly salary.
(b) If the member has accrued 20 or more years of public safety service or firefighter
service credit, the member shall be considered to have retired with an Option One allowance
calculated without an actuarial reduction under Section 
49-23-304
 and the spouse at the time of
death shall receive the allowance that would have been payable to the member.
(2) (a) A volunteer firefighter is eligible for a line-of-duty death benefit under this
section if the death results from external force, violence, or disease directly resulting from
firefighter service.
(b) The lowest monthly compensation of firefighters of a city of the first class in this
state at the time of death shall be considered to be the final average monthly salary of a
volunteer firefighter for purposes of computing these benefits.
(c) Each volunteer fire department shall maintain a current roll of all volunteer
firefighters which meet the requirements of Subsection 
49-23-102
[
(12)
]
(13)
 to determine the
eligibility for this benefit.
(3) (a) If the death is classified as a line-of-duty death by the office, death benefits are
payable under this section and the spouse at the time of death is not eligible for benefits under
Section 
49-23-502
.
(b) If the death is not classified as a line-of-duty death by the office, benefits are
payable in accordance with Section 
49-23-502
.
(4) (a) A spouse who qualifies for a monthly benefit under this section shall apply in
writing to the office.
(b) The allowance shall begin on the first day of the month following the month in
which the:
(i) member or participant died, if the application is received by the office within 90
days of the date of death of the member or participant; or
(ii) application is received by the office, if the application is received by the office
more than 90 days after the date of death of the member or participant.
Section 8. 
Effective date.
This bill takes effect on July 1, 2015.
Legislative Review Note
 as of 1-9-15 5:28 PM
Office of Legislative Research and General Counsel