DAR File No. 44171

Public Safety, Administration

Rule R698-8

Local Public Safety and Firefighter Surviving Spouse Trust Fund

Notice of Proposed Rule

(Amendment)

DAR File No.: 44171
Filed: 10/31/2019 04:35:01 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is being amended to reflect legislative changes that have been made since the rule was last updated; S.B. 156 (2017).

Summary of the rule or change:

The passage of S.B. 156 during the 2017 General Session, which was made effective on July 1, 2018, required that all employers participate in the trust fund, rather than participation being voluntary. Changes were made to Section R698-8-4 to reflect this statutory change. In addition, changes were made to Section R698-8-4 to clarify the requirement for eligibility for reimbursement from the trust fund for health care coverage costs provided to a surviving spouse or dependent children as provided in Section 53-17-301.

Statutory or constitutional authorization for this rule:

• Section 53-17-301

Anticipated cost or savings to:

the state budget:

There is not an anticipated cost or savings to the state budget as a result of the changes reflected in this rule amendment because the rule is being amended to coordinate with statutory language, and to clarify the requirements for a participating agency to be eligible for reimbursement from the trust fund.

local governments:

There is not an anticipated cost or savings to local governments as a result of the changes reflected in this rule amendment because this rule is being amended to coordinate with statutory language, and to clarify the requirements for a participating agency to be eligible for reimbursement from the Local Public Safety and Firefighter Surviving Spouse Trust Fund. The statutory language requires that an employer, as defined in Section 49-11-102, participate in the trust fund. If the employer is compliant with statutory requirements to participate, they will be eligible for reimbursement from the trust fund for health coverage costs they are obligated to pay for a surviving spouse or dependent children under Section 53-17-201. If they are not compliant with the statutory requirements to participate in the trust fund, they will not be eligible for reimbursement for the costs, in which case, they will bear the cost for providing the health care coverage for a surviving spouse and dependent children as required under Section 53-17-201.

small businesses:

There is not an anticipated cost or savings to small businesses as a result of the changes reflected in this rule amendment because this rule is being amended to coordinate with statutory language, and to clarify the requirements for a participating agency to be eligible for reimbursement from the trust fund. Small businesses are not impacted by the Local Public Safety and Firefighter Surviving Spouse Trust Fund.

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

There is not an anticipated cost or savings to persons other than small businesses, businesses, or local government entities as a result of the changes reflected in this rule amendment because this rule is being amended to coordinate with statutory language and to clarify the requirements for a participating agency to be eligible for reimbursement from the Local Public Safety and Firefighter Surviving Spouse Trust Fund.

Compliance costs for affected persons:

There is not an anticipated compliance cost for affected persons as a result of the changes reflected in this rule amendment because this rule is being amended to coordinate with statutory language, and to clarify the requirements for a participating agency to be eligible for reimbursement from the Local Public Safety and Firefighter Surviving Spouse Trust Fund.

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

There are no non-small businesses that will be impacted as a result of the changes in this rule. This rule is being amended to coordinate with statutory language, and to clarify the requirements for a participating law enforcement or firefighter agency to be eligible for reimbursement from the Local Public Safety and Firefighter Surviving Spouse Trust Fund. This rule does not apply to non-small businesses.

Jess L. Anderson, Commissioner

The full text of this rule may be inspected, during regular business hours, at the Office 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:

12/16/2019

This rule may become effective on:

12/24/2019

Authorized by:

Jess Anderson, Commissioner

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs	FY 2020	FY 2021	FY 2022
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Person	$0	$0	$0
Total Fiscal Costs:	$0	$0	$0
Fiscal Benefits
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Persons	$0	$0	$0
Total Fiscal Benefits:	$0	$0	$0
Net Fiscal Benefits:	$0	$0	$0

 

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described above. Inestimable impacts for Non - Small Businesses are described below.

 

Appendix 2: Regulatory Impact to Non - Small Businesses

There are no non-small businesses that will be impacted as a result of enactment of this rule. This rule is being amended to coordinate with statutory language and to clarify the requirements for a participating law enforcement or firefighter agency to be eligible for reimbursement from the Local Public Safety and Firefighter Surviving Spouse Trust Fund. This rule does not apply to non-small businesses.

 

The head of the Department of Public Safety, Jess L. Anderson, has reviewed and approved this fiscal analysis.

 

 

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 Public 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 or is required to participate in the trust fund pursuant to Section 53-17-301 shall submit[ no later than June 30, 2017]:

(a) a cost sharing agreement form approved by the board;

(b) a certificate of eligible employees form approved by the board that identifies the number of eligible members as of March 31, 2017; and

(c) the required annual premium payment as determined by the board.

(2) The information described in Subsection R698-8-4(1) shall be addressed to the Commissioner's office of the Department of Public Safety, Attn. Trust Fund.

(3) The cost sharing agreement form shall contain the following:

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

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

 

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 June 30 of each year and shall be accompanied by an updated certificate of eligible employees form that identifies the number of eligible members as of March 31.

(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. 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.

(5) An employer is only eligible for reimbursement of health care coverage costs from the trust fund for a line of duty death that occurred between July 1, 2005 and July 1, 2018 if the employer participated in the trust fund in compliance with Section R698-8-4 prior to July 1, 2018 and is current with premium payments.

(6) An employer is not eligible for reimbursement of health care coverage costs from the trust fund for a line of duty death if at the time the line of duty death occurs, the employer is not a participating agency in compliance with this rule.

 

R698-8-6. 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: [June 7, 2017]2019

Authorizing, and Implemented or Interpreted Law: 53-17-301[(5)]