34-57-102.  Administration — Assignment of benefits — Portability.

(1)  A governmental entity or private entity may offer a portable benefit plan.

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Terms Used In Utah Code 34-57-102

  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Person: means :Utah Code 68-3-12.5
  • Portable benefit plan: means a group that:
(a) offers an insurance product regulated by:
(i) Title 31A, Insurance Code; or
(ii) Title 35A, Chapter 4, Employment Security Act; and
(b) is assigned to an individual beneficiary and is not associated with a specific employer or hiring party. See Utah Code 34-57-101
(2)  Contributions to a portable benefit plan:

(a)  shall be voluntary; and

(b)  may not be used as a criterion for determining a person‘s employment classification.

(3)  If an Internet or application-based company contributes to a portable benefit plan for the benefit of an individual beneficiary:

(a)  the contribution is not evidence of employer liability; and

(b)  a court may not construe the contribution as an element of an employment relationship for purposes of:

(i)  Title 34A, Chapter 2, Workers’ Compensation Act; or

(ii)  Title 35A, Chapter 4, Employment Security Act.

Enacted by Chapter 517, 2023 General Session

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