DAR File No. 40001

Public Safety, Administration

Rule R698-8

Local Public Safety and Firefighter Surviving Spouse Trust Fund

Notice of Proposed Rule

(New Rule)

DAR File No.: 40001
Filed: 12/22/2015 05:12:31 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of the rule is to establish procedures for implementation of the Public Safety Officer and Firefighter Line-of-Duty Death Act, Title 53, Chapter 17.

Summary of the rule or change:

The rule outlines the process for a law enforcement or fire employer to participate in a cost sharing agreement for reimbursement of health care coverage costs for a spouse and children under the age of 26 in the event of a line-of-duty death. If an employer participates, the costs are reimbursed from the Local Public Safety and Firefighter Surviving Spouse Trust Fund.

State statutory or constitutional authorization for this rule:

• Section 53-17-301
• Title 53, Chapter 17

Anticipated cost or savings to:

the state budget:

There will be administrative costs incurred by the Department of Public Safety for creating and maintaining the trust fund; however, Subsection 53-17-401(5) allows for administrative costs to be reimbursed by the trust fund.

local governments:

The rule will impact local law enforcement and firefighting agencies that choose to voluntarily participate in the cost sharing agreement as authorized by Section 53-17-301. Agencies that participate will pay an annual premium to the Department of Public Safety for deposit into the Local Public Safety and Firefighter Surviving Spouse Trust Fund. In the event of a line-of-duty death to an employee of the agency, the agency is required to provide health care coverage to the surviving spouse and children under the age of 26. After a 24-month period, an agency that chooses to participate in the cost sharing agreement may be reimbursed for future health care coverages costs from the trust fund.

small businesses:

There will not be a fiscal impact to small businesses because the rule only applies to local law enforcement and firefighting agencies.

persons other than small businesses, businesses, or local governmental entities:

There will not be a fiscal impact to persons because the rule only applies to local law enforcement and firefighting agencies.

Compliance costs for affected persons:

There will not be a compliance cost to persons because the rule only applies to local law enforcement and firefighting agencies.

Comments by the department head on the fiscal impact the rule may have on businesses:

There is no anticipated fiscal impact on on businesses. The rule establishes procedures for law enforcement or firefighting agencies to voluntarily participate in a cost sharing agreement for reimbursement of health care coverage costs in the event of a line-of-duty death.

Keith D. Squires, Commissioner

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Public Safety
Administration
CALVIN L RAMPTON COMPLEX
4501 S 2700 W 1ST FLR
SALT LAKE CITY, UT 84119-5994

Direct questions regarding this rule to:

• Kim Gibb at the above address, by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

02/17/2016

This rule may become effective on:

02/24/2016

Authorized by:

Keith Squires, Commissioner

R698. Public Safety, Administration.

R698-8. Local Public Safety and Firefighter Surviving Spouse Trust Fund.

R698-8-1. Purpose.

The purpose of this rule is to establish procedures for implementation of the P ublic Safety Officer and Firefighter Line-of-Duty Death Act .

 

R698-8-2. Authority.

This rule is authorized by Section 53-17-301.

 

R698-8-3. Definitions.

(1) The terms used in this rule are defined in Section 53-17-102.

(2) In addition:

(a) "department" means the Utah Department of Public Safety; and

(b) "participating agency" means an employer defined in Section 53-17-102 that has elected to participate in the trust fund.

 

R698-8-4. Participation Process.

(1) An employer that elects to participate in the trust fund shall submit a cost sharing agreement form approved by the board no later than June 30, 2017.

(2) The cost sharing agreement shall be addressed to the Commissioner's office of the Department of Public Safety, Attn. Trust Fund and shall contain the following:

(a) the name, address and phone number of the employer;

(b) the name and title of each member to be included for reimbursement from the trust fund;

(c) the name, mailing address and signature of the agency administrator completing the cost sharing agreement form; and

(d) the required annual premium amount as determined by the board.

 

R698-8-5. Annual Payment of Premiums.

(1) A participating agency shall continue to submit annual premium payments to the department in order to continue to participate in the trust fund.

(2) Annual premium payments shall be submitted to the department no later than January 31st of each year.

(3) If a participating agency fails to submit a premium payment as required in this subsection, the department shall notify the agency administrator who completed the cost sharing agreement of the delinquency in premium payments.

(4) If after receipt of a delinquency notice the participating agency fails to submit the annual premium payment within 30 days of the date of the notice, the department shall:

(a) notify the agency administrator who completed the cost sharing agreement that the employer is no longer considered to be a participant in the trust fund; and

(b) include in the notice the total amount of premiums paid by the employer into the trust fund.

 

R698-8-5. Change of Employment Status of a Member or Agency Administrator.

(1) In the event of a change of employment status of a member or the agency administrator, the agency administrator shall submit notice to the department on a form approved by the board.

 

R698-8-6. Reimbursement of Health Coverage Costs.

(1) In the event of a line-of-duty death of a member, a participating agency may receive reimbursement for payment of health coverage premiums and contributions made to a health savings account as described in Section 53-17-201.

(2) To receive reimbursement for payments described in Subsection (1), the participating agency shall submit to the department:

(a) a request for reimbursement on a form approved by the board upon initial request; and

(b) a copy of the statement provided by the group health plan that includes the participating agency's costs for coverage upon initial request and each month thereafter.

(3) The request for reimbursement form shall include:

(a) the name of the spouse for whom coverage is provided; and

(b) the name and date or birth for each child under the age of 26 for whom coverage is provided.

(4) If the member did not have a living spouse at the time of death, the request for reimbursement form shall include the name and date of birth for each child under the age of 26 for whom coverage is provided.

 

R698-8-7. Discontinuation of Reimbursement of Health Coverage Costs.

(1) In the event of the death of a spouse or child for whom coverage is provided under Section 53-17-201, the participating agency shall submit to the department:

(a) a form approved by the board that includes;

(i) the name of the spouse or child that is deceased;

(ii) the individual's date of birth; and

(iii) the date of the individual's death.

(2) Upon receipt of the form described in Subsection (1), the department shall discontinue reimbursement of health coverage costs from the trust fund for the deceased individual.

(3) If reimbursement is being paid from the trust fund for health coverage costs to an employer for a child under the age of 26, reimbursement will be automatically discontinued when the child reaches the age of 26.

 

KEY: line-of-duty death, cost sharing agreement, surviving spouse trust fund

Date of Enactment or Last Substantive Amendment: 2016

Authorizing, and Implemented or Interpreted Law: 53-17