49-20-406. Insurance benefits for employees’ beneficiaries.
(1)
As used in this section:
Terms Used In Utah Code 49-20-406
Covered employer: means an employer that offers employee benefit plans under this chapter to its employees and their dependents. See Utah Code 49-20-102
Covered individual: means an employee and the employee's dependents eligible for coverage under this chapter. See Utah Code 49-20-102
Program: means the Public Employees' Benefit and Insurance Program. See Utah Code 49-20-102
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
Surviving spouse: means :
(a)
the lawful spouse who has been married to a member for at least six months immediately before the death date of the member; or
(b)
a former lawful spouse of a member with a valid domestic relations order benefits on file with the office before the member's death date in accordance with Section 49-11-612. See Utah Code 49-11-102
(a)
“Children” includes stepchildren and legally adopted children.
(b)
(i)
“Line-of-duty death” means a death resulting from:
(A)
external force or violence occasioned by an act of duty as an employee; or
(B)
strenuous activity, including a heart attack or stroke, that occurs during strenuous training or another strenuous activity required as an act of duty as an employee.
(ii)
“Line-of-duty death” does not include a death that:
(A)
occurs during an activity that is required as an act of duty as an employee if the activity is not a strenuous activity, including an activity that is clerical, administrative, or of a nonmanual nature contributes to the employee’s death;
(B)
occurs during the commission of a crime committed by the employee;
(C)
the employee’s intoxication or use of alcohol or drugs, whether prescribed or nonprescribed, contributes to the employee’s death; or
(D)
occurs in a manner other than as described in Subsection (1)(b)(i).
(c)
(i)
“Strenuous activity” means engagement involving a difficult, stressful, or vigorous fire suppression, rescue, hazardous material response, emergency medical service, physical law enforcement, prison security, disaster relief, or other emergency response activity.
(ii)
“Strenuous activity” includes participating in a participating employer sanctioned and funded training exercise that involves difficult, stressful, or vigorous physical activity.
(2)
The beneficiary of a covered individual who is employed by the state and who has a line-of-duty death shall receive:
(a)
the proceeds of a $50,000 group term life insurance policy paid for by the state and administered and provided as part of the group life insurance program under this chapter; and
(b)
group health coverage paid for by the state that covers the covered individual’s:
(i)
surviving spouse until becoming eligible for Medicare as long as the surviving spouse continues coverage with the program; and
(ii)
unmarried children up to the age of 26.
(3)
A covered employer not required to provide the benefits under Subsection (2) may provide either or both of the benefits under Subsection (2) by paying rates established by the program.
(4)
The benefit provided under Subsection (2)(a) is subject to the same terms and conditions as the group life insurance program provided under this chapter.
