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House passes bill lengthening time to sue on retirement benefit claims
Summary
On Jan. 26, the Utah House approved HB 35 to create a Title 49 statute of limitations for retirement-benefit claims, extending the period from three to four years and clarifying when the clock starts; the measure passed 74-0 and moves to the Senate.
Representative Powell, sponsor of House Bill 35, told the House the bill establishes a clear statute of limitations in Title 49 and "lengthens the statute of limitations for bringing a claim for retirement benefits from 3 years to 4 years." He said the change aligns the limitations period with common four-year vesting periods and clarifies accrual and notice rules.
The measure defines accrual to begin when an aggrieved party "becomes aware or should have become aware through the exercise of reasonable diligence" of the facts giving rise to a claim. Powell also said the bill preserves a member's ability to vest where appropriate and provides tolling where fraud, misrepresentation, or intentional concealment prevented discovery.
Representative Brian King asked whether the bill covers situations in which an individual reasonably had no way of knowing the facts; Powell replied that such questions would be resolved on a case-by-case basis and that the bill's wording reflects standard statute-of-limitations practice. Representative Sagers sought and received clarification that the bill had been considered previously in interim committee and that the committee had approved it unanimously.
After summation by the sponsor, the House opened and closed voting: HB 35 passed the House 74-0 and was referred to the Senate for consideration.
Next procedural step: the bill is transmitted to the Senate for its committee and floor process.
