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House fixes drafting error in firefighter retirement law after recent beneficiary case

Utah State House of Representatives · May 17, 2023
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Summary

HB1003, a technical amendment to the Firefighters Retirement Act, passed the Utah House unanimously to restore parity for Division B firefighters who suffer non-line-of-duty deaths; sponsors said the change corrects a 2018 drafting oversight that affects one family now and could otherwise create perverse retirement incentives.

The Utah House on May 17 unanimously approved HB1003, legislation intended to correct a technical drafting omission in the Firefighters Retirement Act (Title 49, Chapter 16) affecting Division B firefighters’ non-line-of-duty death benefits. Representatives described the bill as rectifying a drafting error from 2018 and restoring parity that lawmakers believed already existed.

Representative Nicholeen P. Snyder (sponsor) said the change became necessary after a recent case in which a family learned that a long-serving firefighter’s survivors would receive reduced benefits because of a cross-reference error in the statute. "This bill is not about one person. It's about our public law enforcement. It's about our firefighters," Snyder said, urging colleagues to correct the oversight promptly so families are not forced into untenable choices.

Other members highlighted that the change has limited fiscal impact on the state and minimal local cost because the oversight affected only one non-line-of-duty death since the 2018 amendment. Representative Ryan D. Wilcox and Representative Carol Moss emphasized the importance of addressing the issue for fairness and for retention and mental-health considerations among first responders.

HB1003 passed the House 70-0 and was transmitted to the Senate for further consideration.