Bill Summary – FastDemocracy

Enrolled Copy                                                                          H.B. 1003
                      FIREFIGHTER DEATH BENEFIT AMENDMENTS
                                   2023 FIRST SPECIAL SESSION
                                           STATE OF UTAH
                                  Chief Sponsor: Casey Snider
                                Senate Sponsor: Wayne A. Harper
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 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
23
 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
       H.B. 1003                                                                         Enrolled Copy
 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
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       Enrolled Copy                                                                         H.B. 1003
 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.
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Statutes affected: 
Introduced: 49-16-502
Enrolled: 49-16-502