53-17-401.  Local Public Safety and Firefighter Surviving Spouse Trust Fund.

(1)  There is created a private purpose trust fund entitled the “Local Public Safety and Firefighter Surviving Spouse Trust Fund.”

Terms Used In Utah Code 53-17-401

  • Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Board: means Local Public Safety and Firefighter Surviving Spouse Trust Fund Board of Trustees created in Section 53-17-402. See Utah Code 53-17-102
  • children: means a child of a member, including a stepchild and a legally adopted child who is under the age of 26. See Utah Code 53-17-102
  • Contract: A legal written agreement that becomes binding when signed.
  • Department: means the Department of Public Safety created in Section 53-1-103. See Utah Code 53-1-102
  • Employer: means a law enforcement agency or other state or local government agency that:
(a) is a participating employer; and
(b) employs one or more public safety service employees or firefighter service employees who are eligible to earn service credit in a Utah Retirement System under Title 49, Utah State Retirement and Insurance Benefit Act. See Utah Code 53-17-102
  • Statute: A law passed by a legislature.
  • Trust Fund: means the Local Public Safety and Firefighter Surviving Spouse Trust Fund created in Section 53-17-301. See Utah Code 53-17-102
  • (2)  The trust fund consists of:

    (a)  fees established in Subsection 53-17-402(2)(a);

    (b)  appropriations made to the fund by the Legislature, if any;

    (c)  private donations and grants; and

    (d)  other revenue received from other sources.

    (3)  The Department of Public Safety:

    (a)  shall account for the receipt and expenditures of trust fund money; or

    (b)  may enter into contract with a third-party administrator to administer the fund and account for the receipt and expenditure of trust fund money.

    (4)  The trust fund shall earn interest.

    (5)  The revenue and interest in the account, less actual administrative costs to the department, shall be used to lower fees paid by an employer under Section 53-17-201.

    (6)  The board of trustees created in Section 53-17-402 may expend money from the trust fund:

    (a)  for health coverage for a surviving spouse and children under Subsection 53-17-201(1)(d) by paying:

    (i)  premium costs; or

    (ii)  if the health coverage is a high-deductible plan, premium costs and the employer contribution to a health savings account; and

    (b)  reasonable administrative costs that the department and the board of trustees incur in performing their duties for administering the trust fund.

    (7)  Money deposited into the trust fund is irrevocable and is expended only for the purposes described in this chapter.

    (8)  Assets of the trust fund are dedicated for the purposes established by statute and administrative rule.

    (9)  Creditors of the board of trustees and of employers liable for the benefits paid under this chapter may not seize, attach, or otherwise obtain assets of the trust fund.

    Amended by Chapter 269, 2017 General Session