Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 133 (2015GS)

Sponsor

Rep. Ipson, D.

Final action

Governor Signed 3/27/2015

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• provides that a person employed as the state fire marshal or a deputy state fire marshal is eligible to earn service credit in the Firefighters' Retirement System or the New Public Safety and Firefighter Tier II Contributory Retirement System; and
• makes technical changes.

Every vote on this bill

Bill text

FIREFIGHTER RETIREMENT AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Don L. Ipson
Senate Sponsor: 
 Curtis S. Bramble
LONG TITLE
General Description:
This bill modifies the Utah State Retirement and Insurance Benefit Act by amending
retirement eligibility provisions for firefighters.
Highlighted Provisions:
This bill:
▸ provides that a person employed as 
the state fire marshal or a deputy state fire
marshal is eligible to earn service credit in the Firefighters' Retirement System or
the New Public Safety and Firefighter Tier II Contributory Retirement System; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
49-16-102
, as last amended by Laws of Utah 2013, Chapter 40
49-16-201
, as last amended by Laws of Utah 2014, Chapter 15
49-23-102
, as last amended by Laws of Utah 2013, Chapter 40
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
49-16-102
 is amended to read:
49-16-102.
Definitions.
As used in this chapter:
(1) (a) "Compensation" means the total amount of payments that are includable as
gross income which are received by 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 member
contributions or any amounts the 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) remuneration paid in kind such as a residence, use of equipment, uniforms, 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 
Section 401(a)(17),
 Internal Revenue Code [
Section 401(a)(17)
].
(2) (a) "Disability" means a physical or mental condition that, in the judgment of the
office, is total and presumably permanent, and prevents a member from performing firefighter
service.
(b) The determination of disability is based upon medical and other evidence
satisfactory to the office.
(3) "Final average salary" means the amount computed by averaging the highest three
years of annual compensation preceding retirement subject to Subsections (3)(a) and (b).
(a) Except as provided in Subsection (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 (3)(a) may be exceeded if:
(i) the member has transferred from another agency; or
(ii) the member has been promoted to a new position.
(4) 
(a)
 "Firefighter service" means employment normally requiring an average of 2,080
hours of regularly scheduled employment per year rendered by a member who is
:
(i)
 a firefighter service employee trained in firefighter techniques and assigned to a
position of hazardous duty with a regularly constituted fire department[
, but
]
; or
(ii) the state fire marshal appointed under Section 
53-7-103
 or a deputy state fire
marshal.
(b) "Firefighter service"
 does not include secretarial staff or other similar employees.
(5) "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) (a) "Line-of-duty death or disability" means a death or any physical or mental
disability resulting from:
(i) external force, violence, or disease directly resulting from firefighter service; 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 firefighter service
employee.
(b) "Line-of-duty death or disability" does not include a death or any physical or mental
disability that:
(i) occurs during an activity that is required as an act of duty as a 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)(a).
(c) "Line-of-duty death or disability" includes the death of a paid firefighter resulting
from heart disease, lung disease, or a respiratory tract condition if the paid firefighter has five
years of firefighter service credit.
(7) "Participating employer" means an employer which meets the participation
requirements of Section 
49-16-201
.
(8) "Regularly constituted fire department" means a fire department that employs a fire
chief who performs firefighter service for at least 2,080 hours of regularly scheduled paid
employment per year.
(9) (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.
(10) "System" means the Firefighters' Retirement System created under this chapter.
(11) (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 (11)(a) is not a volunteer firefighter for purposes of this chapter.
(12) "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 firefighter
service employee was employed by a participating employer or received full-time pay while on
sick leave, including any time the firefighter service employee was absent in the service of the
United States on military duty.
Section 2. Section 
49-16-201
 is amended to read:
49-16-201.
System membership -- Eligibility.
(1) A firefighter service employee who performs firefighter service for an employer
participating in this system is eligible for service credit in this system upon the earliest of:
(a) July 1, 1971, if the firefighter service employee was employed by the participating
employer on July 1, 1971, 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
firefighter service employee was employed by the participating employer on that date; or
(c) the date the firefighter service employee is hired to perform firefighter services for a
participating employer, if the firefighter:
(i) initially enters employment before July 1, 2011; or
(ii) has service credit accrued before July 1, 2011, in a Tier I system or plan
administered by the board.
(2) (a) (i) A participating employer that has public safety service and firefighter service
employees that require cross-training and duty shall enroll the 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) Before 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) (a) A person hired by a regularly constituted fire department on or after July 1,
1971, who does not perform firefighter service is not eligible for service credit in this system.
(b) The nonfirefighter service employee shall become a member of the system for
which the nonfirefighter service employee qualifies for service credit.
(c) The service credit exclusion under this Subsection (3) may not be interpreted to
prohibit the assignment of a firefighter with a disability or partial disability to a nonfirefighter
service position.
(d) If Subsection (3)(c) applies, the firefighter service employee remains eligible for
service credit in this system.
(4) An allowance or other benefit may not be granted under this system that is based
upon the same service for benefits received under some other system.
(5) Service as a volunteer firefighter is not eligible for service credit in this system.
(6) An employer [
that maintains a regularly constituted fire department
] is eligible to
participate in this system 
if the employer:
(a) maintains a regularly constituted fire department; or
(b) is the Department of Public Safety created in Section 
53-1-103
 that employs the
state fire marshal appointed under Section 
53-7-103
.
(7) Beginning July 1, 2011, a person who is initially entering employment with a
participating employer and 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 
49-23-102
 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 
Section 401(a)(17)
 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) "Final average salary" means the amount computed by averaging the highest five
years of annual compensation preceding retirement subject to Subsections (3)(a), (b), (c), and
(d).
(a) Except as provided in Subsection (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 (3)(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) 
(a)
 "Firefighter service" means employment normally requiring an average of 2,080
hours of regularly scheduled employment per year rendered by a member who is
:
(i)
 a firefighter service employee trained in firefighter techniques and assigned to a
position of hazardous duty with a regularly constituted fire department[
, but
]
; or
(ii) the state fire marshal appointed under Section 
53-7-103
 or a deputy state fire
marshal.
(b) "Firefighter service"
 does not include secretarial staff or other similar employees.
(5) "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) (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)(a).
(7) "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) (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) full-time member of the Board of Pardons and Parole created under Section
77-27-2
.
(b) Except as provided under Subsection (8)(a)(iv), "public safety service" also requires
that in the course of employment the employee's life or personal safety is at risk.
(9) "Public safety service employee" means an employee of a participating employer
who performs public safety service under this chapter.
(10) (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) "System" means the New Public Safety and Firefighter Tier II Contributory
Retirement System created under this chapter.
(12) (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)(a) is not a volunteer firefighter for purposes of this chapter.
(13) "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.
Legislative Review Note
 as of 1-14-15 8:54 AM
Office of Legislative Research and General Counsel