Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 288 Third Substitute (2015GS)

Sponsor

Rep. Ray, P.

Final action

Governor Signed 3/25/2015

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms;
• amends line-of-duty lump sum benefit amounts for public safety officers and firefighters;
• requires an employer to provide continuing health coverage for the surviving spouse and children of a peace officer or firefighter who dies in the line-of-duty under certain circumstances;
• requires an employer to provide assistance for applying for a death benefit to a surviving spouse of a public safety officer or firefighter; and
• makes technical changes.

Every vote on this bill

Bill text

LINE-OF-DUTY DEATH BENEFITS FOR PEACE
OFFICERS AND FIREFIGHTERS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Paul Ray
Senate Sponsor: 
 Alvin B. Jackson
LONG TITLE
General Description:
This bill modifies the Utah State Retirement and Insurance Benefit Act and the Public
Safety Code by amending death benefits provisions.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ amends line-of-duty lump sum benefit amounts for public safety officers and
firefighters;
▸ requires an employer to provide continuing health coverage for the surviving spouse
and children of a peace officer or firefighter who dies in the line-of-duty under
certain circumstances;
▸ requires an employer to provide assistance for applying for a death benefit to a
surviving spouse of a public safety officer or firefighter; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
49-14-501
, as last amended by Laws of Utah 2014, Chapter 15
49-14-502
, as last amended by Laws of Utah 2011, Chapters 366 and 439
49-15-501
, as last amended by Laws of Utah 2014, Chapter 15
49-15-502
, as last amended by Laws of Utah 2011, Chapters 366 and 439
49-16-501
, as last amended by Laws of Utah 2011, Chapter 439
49-16-502
, as last amended by Laws of Utah 2011, Chapters 366 and 439
49-23-503
, as last amended by Laws of Utah 2014, Chapter 15
ENACTS:
53-17-101
, Utah Code Annotated 1953
53-17-102
, Utah Code Annotated 1953
53-17-201
, Utah Code Annotated 1953
53-17-301
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
49-14-501
 is amended to read:
49-14-501.
Death of active member in Division A -- Payment of benefits.
(1) If an active member of this system enrolled in Division A under Section 
49-14-301
dies, benefits are payable as follows:
(a) If the death is classified by the office as a line-of-duty death, the spouse at the time
of death shall receive a lump sum [
of $1,000
] 
equal to six months of the active member's final
average salary
 and an allowance equal to 30% of the deceased member's final average monthly
salary.
(b) If the death is not classified by the office as a line-of-duty death, benefits are
payable as follows:
(i) If the member has accrued less than 10 years of public safety service credit, the
beneficiary shall receive the sum of $1,000 or a refund of the member's member contributions,
whichever is greater.
(ii) If the member has accrued 10 or more years of public safety service credit at the
time of death, the spouse at the time of death shall receive the sum of $500, plus an allowance
equal to 2% of the member's final average monthly salary for each year of service credit
accrued by the member up to a maximum of 30% of the member's final average monthly salary.
(2) Except as provided under Subsection (1)(b)(i), benefits are not payable to minor
children of members covered under Division A.
(3) If a benefit is not distributed under this section, and the member has designated a
beneficiary, the member's member contributions shall be paid to the beneficiary.
(4) (a) A spouse who requests a 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 died, if the application is received by the office within 90 days of the
member's death; or
(ii) application is received by the office, if the application is received by the office
more than 90 days after the member's death.
Section 2. Section 
49-14-502
 is amended to read:
49-14-502.
Death of active member in Division B -- Payment of benefits.
(1) If an active member of this system enrolled in Division B under Section 
49-14-301
dies, benefits are payable as follows:
(a) If the death is classified by the office as a line-of-duty death, the spouse at the time
of death shall receive a lump sum [
of $1,500
] 
equal to six months of the active member's final
average salary
 and an allowance equal to 37.5% of the member's final average monthly salary.
(b) If the death is not classified by the office as a line-of-duty death, benefits are
payable as follows:
(i) If the member has accrued two or more years of public safety service credit at the
time of death, the death is considered a line-of-duty death and the benefit shall be paid as
provided under Subsection (1)(a).
(ii) If the member has accrued less than two years of public safety service credit at the
time of death, the spouse at the time of death shall receive a refund of the member's member
contributions, plus 50% of the member's most recent 12 months' compensation.
(c) (i) If the member has accrued two or more years of public safety service credit at
the time of death, each of the member's unmarried children to age 18 or dependent unmarried
children with a mental or physical disability shall receive a monthly allowance of $50.
(ii) Payments shall be made to the surviving parent or to a duly appointed guardian, or
as otherwise provided under Sections 
49-11-609
 and 
49-11-610
.
(2) In the event of the death of both parents, the spouse's benefit shall be prorated and
paid to each of the member's unmarried children to age 18.
(3) If a benefit is not distributed under the previous subsections, and the member has
designated a beneficiary, the member's member contributions shall be paid to the beneficiary.
(4) The combined annual payments made to the beneficiaries of any member under this
section may not exceed 75% of the member's final average monthly salary.
(5) (a) A spouse who requests a benefit under this section shall apply in writing to the
office.
(b) The allowance shall begin on the first day of the month:
(i) following the month in which the member died, if the application is received by the
office within 90 days of the member's death; or
(ii) following the month in which the application is received by the office, if the
application is received by the office more than 90 days after the member's death.
Section 3. Section 
49-15-501
 is amended to read:
49-15-501.
Death of active member in Division A -- Payment of benefits.
(1) If an active member of this system enrolled in Division A under Section 
49-15-301
dies, benefits are payable as follows:
(a) If the death is classified by the office as a line-of-duty death, benefits are payable as
follows:
(i) If the member has accrued less than 20 years of public safety service credit, the
spouse at the time of death shall receive a lump sum [
of $1,000
] 
equal to six months of the
active member's final average salary
 and an allowance equal to 30% of the member's final
average monthly salary.
(ii) If the member has accrued 20 or more years of public safety service credit, the
member shall be considered to have retired with an allowance calculated under Section
49-15-402
 and the spouse at the time of death shall receive the death benefit payable to a
spouse at the time of death under Section 
49-15-504
.
(b) If the death is not classified as a line-of-duty death by the office, benefits are
payable as follows:
(i) If the member has accrued less than 10 years of public safety service credit, the
beneficiary shall receive the sum of $1,000 or a refund of the member's member contributions,
whichever is greater.
(ii) If the member has accrued 10 or more years, but less than 20 years of public safety
service credit at the time of death, the spouse at the time of death shall receive the sum of $500,
plus an allowance equal to 2% of the member's final average monthly salary for each year of
service credit accrued by the member up to a maximum of 30% of the member's final average
monthly salary.
(iii) If the member has accrued 20 or more years of public safety service credit, the
benefit shall be calculated as provided in Subsection (1)(a)(ii).
(2) Except as provided under Subsection (1)(b)(i), benefits are not payable to minor
children under Division A.
(3) If a benefit is not distributed under this section, and the member has designated a
beneficiary, the member's member contribution shall be paid to the beneficiary.
(4) (a) A spouse who requests a 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 died, if the application is received by the office within 90 days of the
member's death; or
(ii) application is received by the office, if the application is received by the office
more than 90 days after the member's death.
Section 4. Section 
49-15-502
 is amended to read:
49-15-502.
Death of active member in Division B -- Payment of benefits.
(1) If an active member of this system enrolled in Division B under Section 
49-15-301
dies, benefits are payable as follows:
(a) If the death is classified by the office as a line-of-duty death, the spouse at the time
of death shall receive a lump sum [
of $1,500
] 
equal to six months of the active member's final
average salary
 and an allowance equal to 37.5% of the member's final average monthly salary.
(b) If the death is not classified by the office as a line-of-duty death, and the member
has accrued two or more years of public safety service credit at the time of death, the death is
considered line-of-duty and the benefit shall be paid as provided under Subsection (1)(a).
(c) If the death is not classified by the office as a line-of-duty death, and the member
has accrued less than two years of public safety service credit at the time of death, the spouse at
the time of death shall receive a refund of the member's member contributions, plus 50% of the
member's most recent 12 months' compensation.
(d) (i) If the member has accrued two or more years of public safety service credit at
the time of death, each of the member's unmarried children to age 18 or dependent unmarried
children with a mental or physical disability shall receive an allowance of $50.
(ii) Payments shall be made to the surviving parent or to a duly appointed guardian, or
as otherwise provided under Section 
49-11-609
 or 
49-11-610
.
(2) In the event of the death of both parents, the spouse's benefit shall be prorated and
paid to each of the member's unmarried children to age 18.
(3) If a benefit is not distributed under the previous subsections, and the member has
designated a beneficiary, the member's member contributions shall be paid to the beneficiary.
(4) The combined payments to beneficiaries of any member under this section may not
exceed 75% of the member's final average monthly salary.
(5) (a) A spouse who requests a benefit under this section shall apply in writing to the
office.
(b) The allowance shall begin on the first day of the month:
(i) following the month in which the member died, if the application is received by the
office within 90 days of the member's death; or
(ii) following the month in which the application is received by the office, if the
application is received by the office more than 90 days after the member's death.
Section 5. Section 
49-16-501
 is amended to read:
49-16-501.
Death of active member in Division A -- Payment of benefits.
(1) If an active member of this system enrolled in Division A under Section 
49-16-301
dies, benefits are payable as follows:
(a) If the death is classified by the office as a line-of-duty death, benefits are payable as
follows:
(i) If the member has accrued less than 20 years of firefighter service credit, the spouse
at the time of death shall receive a lump sum [
of $1,500
] 
equal to six months of the active
member's final average salary
 and an allowance equal to 30% of the member's final average
monthly salary.
(ii) If the member has accrued 20 or more years of firefighter service credit, the
member shall be considered to have retired with an allowance calculated under Section
49-16-402
 and the spouse at the time of death shall receive the death benefit payable to a
spouse under Section 
49-16-504
.
(b) If the death is not classified as a line-of-duty death by the office, benefits are
payable as follows:
(i) If the member has accrued less than 10 years of firefighter service credit, the
beneficiary shall receive a sum of $1,000 or a refund of the member's member contributions,
whichever is greater.
(ii) If the member has accrued 10 or more years of firefighter service credit the spouse
at the time of death shall receive a sum of $500, plus an allowance equal to 2% of the member's
final average monthly salary for each year of service credit accrued by the member up to a
maximum of 30% of the member's final average monthly salary.
(2) (a) If the member dies without a current spouse, the spouse's allowance shall be
equally divided and paid to each unmarried child until the child reaches age 21.
(b) The payment shall be made to a duly appointed guardian or as provided under
Sections 
49-11-609
 and 
49-11-610
.
(3) If the benefit is not distributed under this section, and the member has designated a
beneficiary, the member's member contributions shall be paid to the beneficiary.
(4) (a) A spouse who requests a benefit under this section shall apply in writing to the
office.
(b) The allowance shall begin on the first day of the month:
(i) following the month in which the member died, if the application is received by the
office within 90 days of the member's death; or
(ii) following the month in which the application is received by the office, if the
application is received by the office more than 90 days after the member's death.
Section 6. Section 
49-16-502
 is amended to read:
49-16-502.
Death of active member in Division B -- Payment of benefits.
(1) If an active member of this system enrolled in Division B under Section 
49-16-301
dies, benefits are payable as follows:
(a) If the death is classified by the office as a line-of-duty death, benefits are payable as
follows:
(i) If the member has accrued less than 20 years of firefighter service credit, the spouse
at the time of death shall receive a lump sum [
of $1,500
] 
equal to six months of the active
member's final average salary
 and an allowance equal to 37.5% of the member's final average
monthly salary.
(ii) If the member has accrued 20 or more years of firefighter service credit, the
member shall be considered to have retired with an allowance calculated under Section
49-16-402
 and the spouse at the time of death shall receive the death benefit payable to a
spouse under Section 
49-16-504
.
(b) If the death is not classified by the office as a line-of-duty death, the benefits are
payable as follows:
(i) If the member has accrued five or more years of firefighter service credit, the death
is considered line-of-duty and the same benefits are payable as established under Subsection
(1)(a).
(ii) If the member has accrued less than five years of firefighter service credit, the
spouse at the time of death shall receive a refund of the member's contributions, plus 50% of
the member's most recent 12 months compensation.
(c) If the member has accrued five or more years of firefighter service credit, the
member's unmarried children until they reach age 21 or dependent unmarried children with a
mental or physical disability, shall receive a monthly allowance of $75.
(2) (a) In the event of the death of the member and spouse, the spouse's benefits are
equally divided and paid to each unmarried child until the child reaches age 21.
(b) The payments shall be made to the surviving parent or duly appointed guardian or
as provided under Sections 
49-11-609
 and 
49-11-610
.
(3) If a benefit is not distributed under the previous subsections, and the member has
designated a beneficiary, the member's member contributions shall be paid to the beneficiary.
(4) The combined monthly payments made to the beneficiaries of any member under
this section may not exceed 75% of the member's final average monthly salary.
(5) (a) A spouse who requests a benefit under this section shall apply in writing to the
office.
(b) The allowance shall begin on the first day of the month:
(i) following the month in which the member died, if the application is received by the
office within 90 days of the member's death; or
(ii) following the month in which the application is received by the office, if the
application is received by the office more than 90 days after the member's death.
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
] 
equal to six
months of the active member's final average salary
 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) 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. Section 
53-17-101
 is enacted to read:
CHAPTER 17. PUBLIC SAFETY OFFICER AND FIREFIGHTER
LINE-OF-DUTY DEATH ACT
Part 1. General Provisions
 53-17-101.
Title.
This chapter is known as the "Public Safety Officer and Firefighter Line-of-Duty Death
Act."
Section 9. Section 
53-17-102
 is enacted to read:
 53-17-102.
Definitions.
As used in this chapter:
(1) "Children" means an unmarried dependent child of a member, including
stepchildren and legally adopted children.
(2) "Employer" means a law enforcement agency or other state or local government
agency that:
(a) is a participating employer as defined in Section 
49-11-102
; and
(b) employs one or more public safety service employees or firefighter service
employees who are eligible to earn service credit in a Utah Retirement System under Title 49,
Utah State Retirement and Insurance Benefit Act.
(3) "Member" means the same as that term is defined in Section 
49-11-102
.
Section 10. Section 
53-17-201
 is enacted to read:
Part 2. Health Coverage for a Surviving Spouse
 53-17-201.
Surviving spouse and children health coverage for line-of-duty death.
(1) In accordance with this section, an employer shall provide continuing health
coverage for the surviving spouse and children of a member whose death is classified by the
Utah State Retirement Office as a line-of-duty death under the provisions of Title 49, Utah
State Retirement and Insurance Benefit Act.
(2) Unless covered under the provisions of Section 
49-20-406
, a surviving spouse and
children shall receive health coverage, paid for 100% by the employer that employed the
member at the time of death, for:
(a) the surviving spouse until remarriage or becoming eligible for Medicare, whichever
comes first; and
(b) children up to the age of 26.
(3) This section does not apply to a member who:
(a) does not qualify for a line-of-duty death benefit under the provisions of Title 49,
Utah State Retirement and Insurance Benefit Act; or
(b) at the time of death did not receive or qualify to receive employer provided group
health coverage.
Section 11. Section 
53-17-301
 is enacted to read:
Part 3. Death Benefit Assistance
 53-17-301.
Death benefit assistance.
An employer shall ensure that the spouse, at the time of death of the active member, or
the beneficiary are provided assistance to understand and apply for any death benefit for which
the surviving spouse or beneficiaries may be eligible under this chapter, other Utah law, federal
law, or local policy or ordinance.
Legislative Review Note
 as of 2-4-15 1:40 PM
Office of Legislative Research and General Counsel