Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 255 (2025GS)

Sponsor

Sen. Owens, Derrin R.

Final action

Governor Signed 3/19/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• adds dental and vision benefits to the benefits available to the spouse and surviving children of a public safety employee or fire service employee who dies in the line of duty;
• removes the 12-month waiting period for accessing funds from the Local Public Safety and Firefighter Surviving Spouse Trust Fund to pay for the surviving spouse's and children's benefits; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

7
49-20-406
53-17-201
53-17-401
53-17-402
0
Line-of-Duty Death Benefit Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Derrin R. Owens
House Sponsor: Douglas R. Welton
LONG TITLE
General Description:
This bill modifies provisions relating to benefits resulting from a line-of-duty death. 
Highlighted Provisions:
This bill:
adds dental and vision benefits to the benefits available to the spouse and surviving 
children of a public safety employee or fire service employee who dies in the line of 
duty;
removes the 12-month waiting period for accessing funds from the Local Public Safety 
and Firefighter Surviving Spouse Trust Fund to pay for the surviving spouse's and 
children's benefits; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
49-20-406
, as last amended by Laws of Utah 2018, Chapter 210
53-17-201
, as last amended by Laws of Utah 2017, Chapter 269
53-17-401
, as last amended by Laws of Utah 2017, Chapter 269
53-17-402
, as last amended by Laws of Utah 2021, Chapter 382
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
49-20-406
 is amended to read:
49-20-406
. Insurance benefits for employees' beneficiaries.
(1)
As used in this section:
(a)
"Children" includes stepchildren and legally adopted children.
(b)
(i)
"Line-of-duty death" means a death resulting from:
(A)
external force or violence occasioned by an act of duty as an employee; or
(B)
strenuous activity, including a heart attack or stroke, that occurs during 
strenuous training or another strenuous activity required as an act of duty as an 
employee.
(ii)
"Line-of-duty death" does not include a death that:
(A)
occurs during an activity that is required as an act of duty as an employee if 
the activity is not a strenuous activity, including an activity that is clerical, 
administrative, or of a nonmanual nature contributes to the employee's death;
(B)
occurs during the commission of a crime committed by the employee;
(C)
the employee's intoxication or use of alcohol or drugs, whether prescribed or 
nonprescribed, contributes to the employee's death; or
(D)
occurs in a manner other than as described in Subsection 
(1)(b)(i)
.
(c)
(i)
"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.
(ii)
"Strenuous activity" includes participating in a participating employer sanctioned 
and funded training exercise that involves difficult, stressful, or vigorous physical 
activity.
(2)
The beneficiary of a covered individual who is employed by the state and who has a 
line-of-duty death shall receive:
(a)
the proceeds of a $50,000 group term life insurance policy paid for by the state and 
administered and provided as part of the group life insurance program under this 
chapter; and
(b)
group health
, dental, and vision
 coverage paid for by the state that covers the covered 
individual's:
(i)
surviving spouse until becoming eligible for Medicare as long as the surviving 
spouse continues coverage with the program; and
(ii)
unmarried children up to the age of 26.
(3)
A covered employer not required to provide the benefits under Subsection 
(2)
 may 
provide 
either or both
any
 of the benefits 
under
described in
 Subsection 
(2)
 by paying 
rates established by the program.
(4)
The benefit provided under Subsection 
(2)(a)
 is subject to the same terms and 
conditions as the group life insurance program provided under this chapter.
Section 2, Section 
53-17-201
 is amended to read:
53-17-201
. Surviving spouse and children health, dental, and vision coverage for 
line-of-duty death.
(1)
(a)
Subject to Subsection 
(1)(b)
, and in accordance with this section, an employer 
shall allow 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
, to remain eligible for 
health coverage under the employer's group health plan
the following coverage, if 
offered by the employer,
 as if the surviving spouse was an employee of the employer
.
:
(i)
health coverage;
(ii)
dental coverage; and
(iii)
vision coverage.
(b)
The employer shall pay 100% of the premium costs and, if the health coverage is a 
high-deductible plan, the employer share of any contribution into a health savings 
account for the surviving spouse and dependent children as described under 
Subsections 
(1)(a)
 and 
(2)
, and may not require payment from the surviving spouse 
for premium costs or health savings account contributions as a condition of 
qualifying to continue to receive the health coverage.
(b)
Except as provided in Subsection 
(1)(d)
, the employer shall pay:
(i)
100% of the premium costs for the coverage described in Subsection 
(1)(a)
; and
(ii)
if the health coverage is a high-deductible plan, the employer share of any 
contribution into a health savings account for the surviving spouse and dependent 
children as described under Subsections (1)(a) and (2).
(c)
The employer may not require the surviving spouse to pay for premium costs or 
health savings account contributions as a condition of qualifying to continue to 
receive the coverage described in Subsection 
(1)(a)
.
(c)
For the first 12 months after the line-of-duty death, the employer shall pay the 
amount specified under Subsection 
(1)(b)
.
(d)
Beginning 13 months after the line-of-duty death, an
An
 employer may pay the 
amount specified under Subsection 
(1)(b)
 through a cost-sharing agreement under 
Section 
53-17-301
 associated with the trust fund created under Section 
53-17-401
.
(2)
An employer shall allow a surviving spouse and children to remain eligible to receive 
health 
coverage from the employer under this section at the option of the surviving 
spouse:
(a)
for health coverage 
for the surviving spouse, until the surviving spouse becomes 
eligible for Medicare; and
(b)
for 
health coverage of 
a child, until the child reaches the age of 26.
(3)
This section does not apply to
 a member who
:
(a)
a member who 
does not qualify for a line-of-duty death benefit under 
Title 49, Utah 
State Retirement and Insurance Benefit Act
;
(b)
coverage for which, 
at the time of death, 
the member 
did not receive or qualify to 
receive
 employer group health coverage
; or
(c)
a member who 
is covered under Section 
49-20-406
.
Section 3, Section 
53-17-401
 is amended to read:
53-17-401
. Local Public Safety and Firefighter Surviving Spouse Trust Fund.
(1)
There is created a private purpose trust fund entitled the "Local Public Safety and 
Firefighter Surviving Spouse Trust Fund."
(2)
The trust fund consists of:
(a)
fees established in Subsection 
53-17-402(2)(a)
;
(b)
appropriations made to the fund by the Legislature, if any;
(c)
private donations and grants; and
(d)
other revenue received from other sources.
(3)
The 
Department of Public Safety
department
:
(a)
shall account for the receipt and expenditures of trust fund money; or
(b)
may enter into contract with a third-party administrator to administer the fund and 
account for the receipt and expenditure of trust fund money.
(4)
The trust fund shall earn interest.
(5)
The revenue and interest in the account, less actual administrative costs to the 
department, shall be used to lower fees paid by an employer under Section 
53-17-201
.
(6)
The board of trustees created in Section 
53-17-402
 may expend money from the trust 
fund:
(a)
for health coverage for a surviving spouse and children under Subsection 
53-17-201(1)(d)
 by paying:
(i)
premium costs; or
(ii)
if the health coverage is a high-deductible plan, premium costs and the employer 
contribution to a health savings account; and
(a)
as provided in Subsection 
53-17-201(1)
; and
(b)
for 
reasonable administrative costs that the department and the board of trustees 
incur in performing their duties for administering the trust fund.
(7)
Money deposited into the trust fund is irrevocable and is expended only for the purposes 
described in this chapter.
(8)
Assets of the trust fund are dedicated for the purposes established by statute and 
administrative rule.
(9)
Creditors of the board of trustees and of employers liable for the benefits paid under this 
chapter may not seize, attach, or otherwise obtain assets of the trust fund.
Section 4, Section 
53-17-402
 is amended to read:
53-17-402
. Local Public Safety and Firefighter Surviving Spouse Trust Fund 
Board of Trustees -- Quorum -- Duties -- Establish rates.
(1)
(a)
There is created the Local Public Safety and Firefighter Surviving Spouse Trust 
Fund Board of Trustees composed of four members:
(i)
the commissioner of public safety or the commissioner's designee;
(ii)
the executive director of the Governor's Office of Planning and Budget or the 
executive director's designee;
(iii)
one person representing municipalities, designated by the Utah League of Cities 
and Towns; and
(iv)
one person representing counties, designated by the Utah Association of 
Counties.
(b)
The commissioner of public safety, or the commissioner's designee, is chair of the 
board.
(c)
Three members of the board are a quorum.
(d)
A member may not receive compensation or benefits for the member's service, but 
may receive per diem and travel expenses in accordance with:
(i)
Section 
63A-3-106
;
(ii)
Section 
63A-3-107
; and
(iii)
rules made by the Division of Finance according to Sections 
63A-3-106
 and 
63A-3-107
.
(e)
(i)
The 
Department of Public Safety
department
 shall staff the board of trustees.
(ii)
The department shall provide accounting services for the trust fund.
(2)
The board shall:
(a)
establish rates to charge each employer based on the number of public safety service 
employees and firefighter service employees who are eligible for the health
, dental, 
and vision
 coverage under this chapter;
(b)
act as trustee of the trust fund and exercise the state's fiduciary responsibilities;
(c)
meet at least once per year;
(d)
review and approve all policies, projections, rules, criteria, procedures, forms, 
standards, performance goals, and actuarial reports;
(e)
review and approve the budget for the trust fund;
(f)
review financial records of the trust fund, including trust fund receipts, expenditures, 
and investments;
(g)
commission and obtain financial or actuarial studies of the liabilities for the trust 
fund;
(h)
calculate and approve administrative expenses of the trust fund; and
(i)
do any other things necessary to perform the fiduciary obligations under the trust.
Section 5. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
3-12-25 3:23 PM