11-13-403.  Annual compensation — Per diem compensation — Participation in group insurance plan — Reimbursement of expenses.

(1) 

Terms Used In Utah Code 11-13-403

  • Governing authority: means a governing board or joint administrator. See Utah Code 11-13-103
  • Interlocal entity: means :
(a) a Utah interlocal entity, an electric interlocal entity, or an energy services interlocal entity; or
(b) a separate legal or administrative entity created under Section 11-13-205. See Utah Code 11-13-103
  • Joint or cooperative undertaking: means an undertaking described in Section 11-13-207 that is not conducted by an interlocal entity. See Utah Code 11-13-103
  • Member: means a public agency that, with another public agency, creates an interlocal entity under Section 11-13-203. See Utah Code 11-13-103
  • Public agency: means :
    (a) a city, town, county, school district, special district, special service district, an interlocal entity, or other political subdivision of the state;
    (b) the state or any department, division, or agency of the state;
    (c) any agency of the United States;
    (d) any political subdivision or agency of another state or the District of Columbia including any interlocal cooperation or joint powers agency formed under the authority of the law of the other state or the District of Columbia; or
    (e) any Indian tribe, band, nation, or other organized group or community which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. See Utah Code 11-13-103
    (a)  A member of a governing authority may receive compensation for service on the governing authority, as determined by the governing authority.

    (b)  The governing authority determining the amount of compensation under this Subsection (1) shall:

    (i)  establish the compensation amount as part of the interlocal entity‘s or joint or cooperative undertaking‘s annual budget adoption;

    (ii)  specifically identify the annual compensation of each governing authority member in the tentative budget; and

    (iii)  approve the annual compensation at the public meeting at which the budget is adopted.

    (c) 

    (i)  If authorized by the interlocal agreement and as determined by the governing authority, a member of the governing authority may participate in a group insurance plan provided to employees of the interlocal entity on the same basis as employees of the interlocal entity.

    (ii)  The amount that the interlocal entity pays to provide a governing authority member with coverage under a group insurance plan shall be included as part of the member’s compensation for purposes of Subsection (1)(b).

    (d)  The amount that an interlocal entity pays for employer contributions for Medicare and Social Security, if a member of the governing authority is treated as an employee for federal tax purposes, does not constitute compensation under Subsection (1)(a) or (b).

    (e)  A governing authority member who is appointed by a public agency may not receive compensation for governing authority service unless the public agency annually approves the governing authority member’s receipt of the compensation after an analysis of the duties and responsibilities of service on the governing authority.

    • (2)  In addition to the compensation provided under Subsection (1), the governing authority may elect to allow a member to receive per diem and travel expenses for up to 12 meetings or activities per year in accordance with:

    (a)  Section 63A-3-106;

    (b)  Section 63A-3-107; or

    (c)  a rule adopted by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.

    Enacted by Chapter 265, 2015 General Session

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