Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 18 (2017GS)

Sponsor

Sen. Mayne, K.

Final action

Governor Signed 3/17/2017

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• provides and amends definitions;
• modifies the standard for determining a disability for members of the Firefighters' Retirement System; and
• makes technical changes.

Every vote on this bill

Bill text

FIREFIGHTERS' DISABILITY RETIREMENT BENEFIT
AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Karen Mayne
House Sponsor: 
Daniel McCay
LONG TITLE
General Description:
This bill modifies the Utah State Retirement and Insurance Benefit Act by amending
provisions relating to firefighter disability benefits.
Highlighted Provisions:
This bill:
▸ provides and amends definitions;
▸ modifies the standard for determining a disability for members of the Firefighters'
Retirement System; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
49-16-102
, as last amended by Laws of Utah 2016, Chapter 227
49-16-601
, as last amended by Laws of Utah 2005, Chapter 116
49-16-601.5
, 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.
[
(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.
]
(2) (a) "Disability" means the complete inability, due to objective medical impairment,
whether physical or mental, to perform firefighter service.
(b) "Disability" does not include the inability to meet an employer's required standards
or tests relating to fitness, physical ability, or agility that is not a result of a disability as defined
under Subsection (2)(a).
(3) "Final average salary" means the amount calculated by averaging the highest three
years of annual compensation preceding retirement subject to Subsections (3)(a), (b), and (c).
(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) The annual compensation used to calculate final average salary shall be based on:
(i) a calendar year for a member employed by a participating employer that is not an
educational institution; or
(ii) a contract year for a member employed by an educational institution.
(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; 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) occurs when the employee's intoxication or use of alcohol or drugs, whether
prescribed or nonprescribed, contributes to the employee's death or disability; or
(iv) occurs in a manner other than as described in Subsection (6)(a).
(c) "Line-of-duty death or disability" includes the death or disability 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) "Objective medical impairment" means an impairment resulting from an injury or
illness which is diagnosed by a physician and which is based on accepted objective medical
tests or findings rather than subjective complaints.
[
(7)
] 
(8)
 "Participating employer" means an employer which meets the participation
requirements of Section 
49-16-201
.
[
(8)
] 
(9)
 "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)
] 
(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.
[
(10)
] 
(11)
 "System" means the Firefighters' Retirement System created under this
chapter.
[
(11)
] 
(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 [
(11)
] 
(12)
(a) is not a volunteer firefighter for purposes of this chapter.
[
(12)
] 
(13)
 "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 
49-16-601
 is amended to read:
49-16-601.
Disability benefit -- Nonline-of-duty disability -- Benefits -- Monthly
allowance.
(1) An active member of this system [
who is unable to perform firefighter service due
to a physical or mental condition
] 
with a disability
 that was not incurred in the line-of-duty may
apply to the office for a disability retirement benefit subject to the following provisions:
(a) if the member has less than five years of service credit in this system, disability
benefits are not payable; and
(b) if the condition is classified by the office as a nonline-of-duty disability and if the
member has five or more years of service credit in this system, the member shall be granted a
disability retirement benefit subject to Section 
49-16-602
.
(2) The monthly disability retirement benefit is 50% of the member's final average
monthly salary.
Section 3. Section 
49-16-601.5
 is amended to read:
49-16-601.5.
Line-of-duty disability benefit -- Benefits -- Monthly allowance.
(1) An active member of this system [
who is unable to perform firefighter service due
to a physical or mental condition
] 
with a disability
 incurred in the line-of-duty may apply to the
office for a disability retirement benefit under this section.
(2) If the condition is classified by the office as a line-of-duty disability, the member
shall be granted a disability retirement benefit subject to Section 
49-16-602
.
(3) A paid firefighter who has five years of firefighter service credit is eligible for a
line-of-duty disability benefit resulting from heart disease, lung disease, or a respiratory tract
condition.
(4) A paid firefighter who receives a service connected disability benefit for more than
six months due to violence or illness other than heart disease, lung disease, or respiratory tract
condition, and then returns to paid firefighter service, may not be eligible for a line-of-duty
disability benefit due to heart disease, lung disease, or respiratory tract condition for two years
after the firefighter returned to work unless clear and convincing evidence is presented that the
heart disease, lung disease, or respiratory tract condition was directly a result of firefighter
service.
(5) The monthly disability retirement benefit is 50% of the member's final average
salary.
Section 4. 
Effective date.
This bill takes effect on July 1, 2017.