Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 147 First Substitute (2018GS)

Sponsor

Rep. Hall, C.

Final action

Governor Signed 3/15/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• authorizes a district attorney, a county attorney, the attorney general's office, or the state auditor to notify the Utah State Retirement Office and the employee's participating employer if an employee is charged with an offense that is or may be an employment related offense;
• requires the participating employer who received the notification to make certain reports to the entity that provided the notification; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

RETIREMENT FORFEITURE FOR EMPLOYMENT RELATED
OFFENSES
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Craig Hall
Senate Sponsor: 
Brian Zehnder
LONG TITLE
General Description:
This bill modifies the Utah State Retirement and Insurance Benefit Act by amending
provisions relating to the forfeiture of retirement benefits.
Highlighted Provisions:
This bill:
▸ authorizes a district attorney, a county attorney, the attorney general's office, or the
state auditor to notify the Utah State Retirement Office and the employee's
participating employer if an employee is charged with an offense that is or may be
an employment related offense;
▸ requires the participating employer who received the notification to make certain
reports to the entity that provided the notification; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
49-11-1401
, as enacted by Laws of Utah 2016, Chapter 413
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
49-11-1401
 is amended to read:
49-11-1401.
Forfeiture of retirement benefits for employees for employment
related offense convictions -- Notifications -- Investigations -- Appeals.
(1) As used in this section:
(a) "Convicted" means a conviction by plea or by verdict, including a plea of guilty or a
plea of no contest that is held in abeyance under Title 77, Chapter 2a, Pleas in Abeyance,
regardless of whether the charge was, or is, subsequently reduced or dismissed in accordance
with the plea in abeyance agreement.
(b) "Employee" means a member of a system or plan administered by the board.
(c) "Employment related offense" means a felony committed during employment or the
term of an elected or appointed office with a participating employer that is:
(i) during the performance of the employee's duties;
(ii) within the scope of the employee's employment; or
(iii) under color of the employee's authority.
(2) (a) Notwithstanding any other provision of this title, an employee shall forfeit
accrual of service credit, employer retirement related contributions, including employer
contributions to the employer sponsored defined contribution plans, or other retirement related
benefits from a system or plan under this title in accordance with this section.
(b) The forfeiture of retirement related benefits under Subsection (2)(a) does not
include the employee's contribution to a defined contribution plan.
(3) An employee shall forfeit the benefits described under Subsection (2)(a):
(a) if the employee is convicted of an employment related offense;
(b) beginning on the day on which the employment related offense occurred; and
(c) until the employee is either:
(i) re-elected or reappointed to office; or
(ii) (A) terminated from the position for which the employee was found to have
committed an employment related offense; and
(B) rehired or hired as an employee who is eligible to be a member of a Utah state
retirement system or plan.
(4) The employee's participating employer shall:
(a) immediately notify the office:
(i) if an employee is charged with an offense that is or may be an employment related
offense under this section; and
(ii) if the employee described in Subsection (4)(a)(i) is acquitted of the offense that is
or may be an employment related offense under this section; and
(b) if the employee is convicted of an offense that may be an employment related
offense:
(i) conduct an investigation, which may rely on the conviction, to determine:
(A) whether the conviction is for an employment related offense; and
(B) the date on which the employment related offense was initially committed; and
(ii) after the period of time for an appeal by an employee under Subsection (5),
immediately notify the office of the employer's determination under this Subsection (4)(b).
(5) An employee may appeal the employee's participating employer's determination
under Subsection (4)(b) in accordance with Title 63G, Chapter 4, Administrative Procedures
Act.
(6) (a) Notwithstanding Subsection (4), a district attorney, a county attorney, the
attorney general's office, or the state auditor may notify the office and the employee's
participating employer if an employee is charged with an offense that is or may be an
employment related offense under this section.
(b) If the employee's participating employer receives a notification under Subsection
(6)(a), the participating employer shall immediately report to the entity that provided the
notification under Subsection (6)(a):
(i) if the employee is acquitted of the offense;
(ii) if the employee is convicted of an offense that may be an employment related
offense; and
(iii) when the participating employer has concluded its duties under this section if the
employee is convicted, including conducting an investigation, making a determination under
Subsection (4)(b) that the conviction was for an employment related offense, and notifying the
office under Subsection (7).
(c) The notifying entity under Subsection (6)(a) may assist the employee's participating
employer with the investigation and determination described under Subsection (4)(b).
[
(6)
] 
(7)
 Upon receiving a notification from a participating employer that the
participating employer has made a determination under Subsection (4)(b) that the conviction
was for an employment related offense, the office shall immediately forfeit any service credit,
employer retirement related contributions, including employer contributions to the employer
sponsored contribution plans, or other retirement related benefits accrued by or made for the
benefit of the employee, beginning on the date of the initial employment related offense
determined under Subsection (4)(b).
[
(7)
] 
(8)
 This section applies to an employee who is convicted on or after the effective
date of this act for an employment related offense.
[
(8)
] 
(9)
 The board may make rules to implement this section.
[
(9)
] 
(10)
 If any provision of this section, or the application of any provision to any
person or circumstance, is held invalid, the remainder of this section shall be given effect
without the invalid provision or application.
Section 2. 
Effective date.
This bill takes effect on July 1, 2018.