2006 Utah Code - 67-19-14.4 — Unused Sick Leave Retirement Program II -- Creation -- Remuneration at retirement -- Medical expense account after retirement.

     67-19-14.4.   Unused Sick Leave Retirement Program II -- Creation -- Remuneration at retirement -- Medical expense account after retirement.
     (1) (a) There is created the "Unused Sick Leave Retirement Program II."
     (b) An agency shall offer the Unused Sick Leave Retirement Option Program II to an employee who is eligible to receive retirement benefits in accordance with Title 49, Utah State Retirement and Insurance Benefit Act.
     (c) Beginning January 1, 2011, an employee who is participating in the Unused Sick Leave Retirement Program I under Section 67-19-14.2 may make a one-time and irrevocable election to transfer all unused sick leave hours which shall include all converted sick leave hours under Section 67-19-14.1 for use under the Unused Sick Leave Retirement Program II under this section.
     (2) (a) The Unused Sick Leave Retirement Program II provides that upon retirement an employee who is employed by the state on or after January 1, 2006, shall receive remuneration for the employee's unused accumulated sick leave and converted sick leave accrued beginning January 1, 2006 in accordance with this section as follows:
     (i) subject to federal requirements and limitations, a contribution at the employee's rate of pay at the time of retirement for 25% of the employee's unused accumulated sick leave and converted sick leave shall be transferred directly to the employee's defined contribution plan qualified under Section 401(k) of the Internal Revenue Code which is sponsored by the Utah State Retirement Board; and
     (ii) participation in a benefit plan that provides for reimbursement for medical expenses using monies deposited at the employee's rate of pay at the time of retirement from remaining unused accumulated sick leave and converted sick leave balances.
     (b) If the amount calculated under Subsection (2)(a)(i) exceeds the federal contribution limitations, the amount representing the excess shall be deposited under Subsection (2)(a)(ii).
     (c) An employee's rate of pay at the time of retirement for purposes of Subsection (2)(a)(ii) may not be less than the average rate of pay of state employees who retired in the same retirement system under Title 49, Utah State Retirement and Insurance Benefit Act, during the previous calendar year.
     (3) The Utah State Retirement Office shall develop and maintain a program to provide a benefit plan that provides for reimbursement for medical expenses under Subsection (2)(a)(ii) with:
     (a) monies deposited under Subsection (2)(a)(ii); and
     (b) accrued earnings.

Enacted by Chapter 15, 2005 General Session