Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 25 (2025GS)

Sponsor

Sen. Harper, Wayne A.

Final action

Governor Signed 3/19/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• modifies the earnings limit for postretirement reemployment as an affiliated emergency services worker; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

6
49-11-1205
1
Postretirement Reemployment for Emergency Services Workers
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Wayne A. Harper
House Sponsor: Cheryl K. Acton
LONG TITLE
General Description:
This bill modifies provisions of the Utah State Retirement and Insurance Benefits Act 
relating to postretirement reemployment.
Highlighted Provisions:
This bill:
modifies the earnings limit for postretirement reemployment as an affiliated emergency 
services worker; 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:
49-11-1205
, as last amended by Laws of Utah 2024, Chapter 405
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
49-11-1205
 is amended to read:
49-11-1205
. Postretirement reemployment restriction exceptions.
(1)
(a)
The office may not cancel the retirement allowance of a retiree who is reemployed 
with a participating employer within one year of the retiree's retirement date if:
(i)
the retiree is not reemployed by a participating employer for a period of at least 60 
days from the retiree's retirement date;
(ii)
the retiree has a bona fide termination of employment on the retiree's retirement 
date;
(iii)
upon reemployment after the break in service under Subsection (1)(a)(i), the 
retiree does not receive any employer paid benefits, including:
(A)
retirement service credit or retirement-related contributions;
(B)
medical benefits;
(C)
dental benefits;
(D)
other insurance benefits except for workers' compensation as provided under 
Title 34A, Chapter 2, Workers' Compensation Act, Title 34A, Chapter 3, Utah 
Occupational Disease Act, and withholdings required by federal or state law 
for social security, Medicare, and unemployment insurance; or
(E)
paid time off, including sick, annual, or other type of leave; and
(iv)
(A)
the retiree does not earn in any calendar year of reemployment an amount 
in excess of the lesser of $15,000 or one-half of the retiree's final average 
salary upon which the retiree's retirement allowance is based; or
(B)
the retiree is reemployed as a judge as defined under Section 
78A-11-102
.
(b)
The board shall adjust the amounts under Subsection (1)(a)(iv) by the annual change 
in the Consumer Price Index during the previous calendar year as measured by a 
United States Bureau of Labor Statistics Consumer Price Index average as 
determined by the board.
(2)
A retiree shall be considered as having completed the one-year separation from 
employment with a participating employer described in Section 
49-11-1204
, if the 
retiree:
(a)
before retiring:
(i)
was employed with a participating employer as a public safety service employee 
as defined in Section 
49-14-102
, 
49-15-102
, or 
49-23-102
;
(ii)
during the employment under Subsection (2)(a)(i), suffered a physical injury 
resulting from external force or violence while performing the duties of the 
employment, for which injury the retiree would have been approved for total 
disability in accordance with the provisions under Chapter 21, Public Employees' 
Long-Term Disability Act, if years of service are not considered;
(iii)
had less than 30 years of service credit but had sufficient service credit to retire, 
with an unreduced allowance making the public safety service employee ineligible 
for long-term disability payments under Chapter 21, Public Employees' 
Long-Term Disability Act, or a substantially similar long-term disability program;
(iv)
does not receive any long-term disability benefits from any participating 
employer; and
(v)
is at least 50 years old; and
(b)
is reemployed by a different participating employer.
(3)
(a)
The office may not cancel the retirement allowance of a retiree who is employed 
as an affiliated emergency services worker within one year of the retiree's retirement 
date if the affiliated emergency services worker does not receive any compensation, 
except for:
(i)
a nominal fee, stipend, discount, tax credit, voucher, or other fixed sum of money 
or cash equivalent payment not tied to productivity and paid periodically for 
services;
(ii)
a length-of-service award;
(i)
compensation, including any payment, discount, tax credit, voucher, or cash 
equivalent, the total of which, excluding any amount described in Subsection 
(3)(a)(ii)
 or (iii), does not exceed in any calendar year the amount described in 
Subsection (1)(a)(iv)(A), as adjusted in accordance with Subsection 
(1)(b)
;
(iii)
(ii)
insurance policy premiums paid by the participating employer in the event 
of death of an affiliated emergency services worker or a line-of-duty accidental 
death or disability; or
(iv)
(iii)
reimbursement of expenses incurred in the performance of duties.
(b)
For purposes of Subsections (3)(a)(i) and (ii), the total amount of any discounts, tax 
credits, vouchers, and payments to an affiliated emergency services worker may not 
exceed $500 per month.
(c)
The board shall adjust the amount under Subsection (3)(b) by the annual change in 
the Consumer Price Index during the previous calendar year as measured by a United 
States Bureau of Labor Statistics Consumer Price Index average as determined by the 
board.
(d)
(b)
A retiree is eligible for an exemption from the requirement to cease service 
without cancellation of a retirement allowance under this Subsection (3) only if the 
retiree, at the time of retirement, is at least:
(i)
50 years old, if the retiree is retiring from a public safety system or a firefighter 
system; or
(ii)
55 years old.
(4)
(a)
The office may not cancel the retirement allowance of a retiree who is employed 
as a part-time appointed or elected board member within one year after the retiree's 
retirement date if the part-time appointed or elected board member does not receive 
any compensation exceeding the amount described in this Subsection (4).
(b)
A retiree who is a part-time appointed or elected board member for one or more 
boards, commissions, councils, committees, panels, or other bodies of participating 
employers:
(i)
may receive an aggregate amount of compensation, remuneration, a stipend, or 
other benefit for service on a single or multiple boards, commissions, councils, 
committees, panels, or other bodies of no more than $5,000 per year; and
(ii)
may not receive an employer paid retirement service credit or retirement-related 
contribution.
(c)
For purposes of Subsection (4)(b)(i):
(i)
a part-time appointed or elected board member's compensation includes:
(A)
an amount paid for the part-time appointed or elected board member's 
coverage in a group insurance plan provided by the participating employer; and
(B)
the part-time appointed or elected board member's receipt of any other benefit 
provided by the participating employer; and
(ii)
the part-time appointed or elected board member's compensation does not include:
(A)
an amount the participating employer pays for employer-matching 
employment taxes, if the participating employer treats the part-time appointed 
or elected board member as an employee for federal tax purposes; or
(B)
an amount that the part-time appointed or elected board member receives for 
per diem and travel expenses for up to 12 approved meetings or activities of 
the government board per year, if the per diem and travel expenses do not 
exceed the amounts established by the Division of Finance under Sections 
63A-3-106
 and 
63A-3-107
 or by rules made by the Division of Finance 
according to Sections 
63A-3-106
 and 
63A-3-107
.
(d)
The board shall adjust the amount under Subsection (4)(b)(i) by the annual change in 
the Consumer Price Index during the previous calendar year as measured by a United 
States Bureau of Labor Statistics Consumer Price Index average, as determined by 
the board.
(5)
(a)
The office may not cancel the retirement allowance of a retiree who is reemployed 
with a participating employer within one year of the retiree's retirement date if:
(i)
the retiree has a bona fide termination of employment on the retiree's retirement 
date;
(ii)
the retiree is not employed, including by a fee-for-service relationship, with any 
participating employer for a period of:
(A)
at least 90 days if the retiree is a public employee retiree; or
(B)
at least 90 days if the retiree is a public safety or firefighter retiree;
(iii)
the retiree agrees to a modified retirement allowance as described in Subsections 
(5)(b), (c), and (d); and
(iv)
the participating employer that reemploys the retiree agrees to pay to the office 
the normal cost rate in addition to the amortization rate.
(b)
During a period of reemployment, the retiree:
(i)
receives a retirement allowance that is 20% less than the retirement allowance the 
retiree is entitled to receive in accordance with:
(A)
for a retiree who retired under Chapter 12, Public Employees' Contributory 
Retirement Act, Section 
49-12-402
;
(B)
for a retiree who retired under Chapter 13, Public Employees' Noncontributory 
Retirement Act, Section 
49-13-402
; or
(C)
for a retiree who retired under Chapter 22, Part 3, Tier II Hybrid Retirement 
System, Section 
49-22-305
; or
(ii)
a retirement allowance that is 15% less than the retirement allowance the retiree is 
entitled to receive in accordance with:
(A)
for a retiree who retired under Chapter 14, Public Safety Contributory 
Retirement Act, Section 
49-14-402
;
(B)
for a retiree who retired under Chapter 15, Public Safety Noncontributory 
Retirement Act, Section 
49-15-402
;
(C)
for a retiree who retired under Chapter 16, Firefighters' Retirement Act, 
Section 
49-16-402
; or
(D)
for a retiree who retired under Chapter 23, Part 3, Tier II Hybrid Retirement 
System, Section 
49-23-304
.
(c)
During the period of reemployment, the retiree does not receive the annual 
cost-of-living adjustment described in:
(i)
for a retiree who retired under Chapter 12, Public Employees' Contributory 
Retirement Act, Section 
49-12-407
;
(ii)
for a retiree who retired under Chapter 13, Public Employees' Noncontributory 
Retirement Act, Section 
49-13-407
;
(iii)
for a retiree who retired under Chapter 14, Public Safety Contributory 
Retirement Act, Section 
49-14-403
;
(iv)
for a retiree who retired under Chapter 15, Public Safety Noncontributory 
Retirement Act, Section 
49-15-403
;
(v)
for a retiree who retired under Chapter 16, Firefighters' Retirement Act, Section 
49-16-403
;
(vi)
for a retiree who retired under Chapter 22, Part 3, Tier II Hybrid Retirement 
System, Section 
49-22-308
; or
(vii)
for a retiree who retired under Chapter 23, Part 3, Tier II Hybrid Retirement 
System, Section 
49-23-307
.
(d)
(i)
The office shall begin paying the retiree's full retirement allowance on the first 
day of the month following the month in which the office receives written 
notification that the reemployed retiree has a subsequent retirement date based on 
a termination of the reemployment.
(ii)
(A)
For purposes of Subsection (5)(d)(i), the full retirement allowance includes 
the elimination of the allowance reduction described in Subsection (5)(b)(i) or 
(5)(b)(ii) and the annual cost-of-living adjustment that was prohibited under 
Subsection (5)(c) during the period of reemployment.
(B)
A retiree may not receive the difference between the full retirement allowance 
and the reduced retirement allowance described in Subsection (5)(b)(i) or 
(5)(b)(ii) or the annual cost-of-living adjustment that the retiree would have 
received if the retiree had not been reemployed.
(6)
(a)
If a retiree is reemployed under the provisions of Subsection (1) or (4), the 
termination date of the reemployment, as confirmed in writing by the participating 
employer, is considered the retiree's retirement date for the purpose of calculating the 
separation requirement described in Section 
49-11-1204
.
(b)
The office shall cancel the retirement allowance of a retiree for the remainder of the 
calendar year if the reemployment with a participating employer exceeds the 
limitation under Subsection (1)(a)(iv), 
(3)(b)
(3)(a)
, or (4)(b).
(7)
A retiree who is reemployed under the provisions of Subsection (5) may not 
subsequently be reemployed under Section 
49-11-1204
 unless the office cancels the 
retirement allowance during the subsequent reemployment.
Section 2. 
Effective Date.
This bill takes effect on 
July 1, 2025
.
3-6-25 3:50 PM