Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 1003 (2023S1)

Sponsor

Rep. Snider, C.

Final action

Governor Signed 5/18/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• amends the death benefits under the Firefighters' Retirement Act that are payable to the surviving spouse of a Division B active member whose death is not classified by the Utah State Retirement Office as a line-of-duty death.

Every vote on this bill

Bill text

FIREFIGHTER DEATH BENEFIT AMENDMENTS
FIRST SPECIAL SESSION
STATE OF UTAH
Chief Sponsor: Casey Snider
Senate Sponsor: 
Wayne A. Harper
LONG TITLE
General Description:
This bill modifies the death benefit for certain firefighters under the Firefighters'
Retirement Act. 
Highlighted Provisions:
This bill:
▸ amends the death benefits under the Firefighters' Retirement Act that are payable to
the surviving spouse of a Division B active member whose death is not classified by
the Utah State Retirement Office as a line-of-duty death. 
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
49-16-502
, as last amended by Laws of Utah 2016, Chapter 84
Be it enacted by the Legislature of the state of Utah:
Section 1. 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
surviving spouse shall receive:
(A) a lump sum equal to six months of the active member's final average salary; and
(B) 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 surviving spouse shall receive the death benefit payable to a surviving
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 20 or more years of firefighter service credit, the death is
considered line-of-duty and the surviving spouse shall receive:
(A) a lump sum of $1,500; and
(B) the greater of an allowance established under Subsection (1)(a)(i)(B) or Subsection
(1)(a)(ii).
(ii)
 If the member has accrued five or more years of firefighter service credit 
but less
than 20 years of firefighter service credit
, the death is considered line-of-duty and the surviving
spouse shall receive:
(A) a lump sum of $1,500; and
(B) an allowance as established under Subsection (1)(a)(i)(B).
[
(ii)
] 
(iii)
 If the member has accrued less than five years of firefighter service credit, the
surviving spouse 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) If the member dies and there is no surviving spouse, any amounts that would
have been the surviving 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 Subsection (1) or (2), 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 surviving 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 2. 
Effective date.
If approved by two-thirds of all the members elected to each house, this bill takes effect
upon approval by the governor, or the day following the constitutional time limit of Utah
Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
the date of veto override.