reglab/statecodes huggingface dataset:
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 19a - Grievance Procedures › Part 3 - Grievance Procedures › Section 303 - Employees' rights in grievance procedure.

Effective 7/1/2021
67-19a-303.
Employees' rights in grievance procedure.
(1) For the purpose of submitting and advancing a grievance, a career service employee, or a reporting employee alleging retaliatory action, may:
(a) obtain assistance by a representative of the employee's choice to act as an advocate at any level of the grievance procedure;
(b) request a reasonable amount of time during work hours to confer with the representative and prepare the grievance; and
(c) call other employees as witnesses at a grievance hearing.
(2) The state shall allow employees to attend and testify at the grievance hearing as witnesses if the employee has given reasonable advance notice to the employee's immediate supervisor.
(3) No person may take any reprisals against a career service employee or a reporting employee for:
(a) use of or participation in a grievance procedure described in this chapter; or
(b) representing and providing assistance to a career service employee as an advocate in accordance with Subsection (1)(a).
(4) If the individual acting as an advocate for a career service employee under Subsection (1)(a) is a state employee, the individual may not receive state compensation for the time the employee spends in the course of that representation unless the individual uses approved leave during that time.
(5)
(a) The employing agency of an employee who files a grievance may not place grievance forms, grievance materials, correspondence about the grievance, agency and division replies to the grievance, or other documents relating to the grievance in the employee's personnel file.
(b) The employing agency of an employee who files a grievance may place records of disciplinary action in the employee's personnel file.
(c) If any disciplinary action against an employee is rescinded through the grievance procedures described in this chapter, the agency and the Division of Human Resource Management shall remove the record of the disciplinary action from the employee's agency personnel file and central personnel file.
(d) An agency may maintain a separate grievance file relating to an employee's grievance, but shall discard the file after three years.
Amended by Chapter 344, 2021 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 19a - Grievance Procedures › Part 4 - Procedural Steps to Be Followed by Aggrieved Employee › Section 401 - Time limits for submission and advancement of grievance by aggrieved employee -- Voluntary termination of employment -- Group grievances.

Effective 5/4/2022
67-19a-401.
Time limits for submission and advancement of grievance by aggrieved employee -- Voluntary termination of employment -- Group grievances.
(1) An aggrieved career service employee and the person to whom the grievance is directed may agree in writing to waive or extend grievance steps specified under Subsection 67-19a-402(1), (2), or (3) or the time limits specified for those grievance steps, as outlined in Section 67-19a-402.
(2) Any writing made under Subsection (1) shall be submitted to the administrator.
(3) Except as provided under Subsections (5) and (6), if the employee fails to advance the grievance to the next procedural step within the time limits established in this part:
(a) the employee waives the right to advance the grievance or to obtain judicial review of the grievance; and
(b) the grievance is considered to be settled based on the decision made at the last procedural step.
(4) An employee may file a grievance for review under this chapter, except as provided in Subsections (5) and (6), if the employee submits the grievance within 10 working days after:
(a) the most recent event giving rise to the grievance; or
(b) the employee has knowledge of the most recent event giving rise to the grievance.
(5)
(a) An employee may file with the office a motion for an enlargement of a time limit described in Subsection (4).
(b) In determining whether to grant a motion described in Subsection (5)(a), the office shall consider, giving reasonable deference to the employee, whether:
(i) the employee filed the motion before the time limit the employee seeks to enlarge; or
(ii) the enlargement is necessary to remedy the employee's excusable neglect.
(6) The provisions of Subsections (3) and (4) do not apply if the employee meets the requirements for excusable neglect as that term is defined in Section 67-19a-101.
(7)
(a) If several employees allege the same grievance, the employees may submit a group grievance by following the procedures and requirements of this chapter.
(b) In submitting a group grievance, each aggrieved employee shall sign the grievance.
(c) The administrator may not treat a group grievance as a class action, but may select one aggrieved employee's grievance and address that grievance as a test case.
Amended by Chapter 209, 2022 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 19a - Grievance Procedures › Part 4 - Procedural Steps to Be Followed by Aggrieved Employee › Section 402 - Procedural steps to be followed by aggrieved employee.

Effective 5/8/2018
67-19a-402.
Procedural steps to be followed by aggrieved employee.
(1)
(a) Subject to the provisions and levels of procedure provided in Section 67-19a-302, a career service employee who has a grievance shall submit the grievance in writing to:
(i) the employee's supervisor; and
(ii) the administrator.
(b) Within five working days after receiving a written grievance, the employee's supervisor may issue a written decision on the grievance.
(2)
(a) If the employee's supervisor fails to respond to the grievance within five working days or if the aggrieved employee is dissatisfied with the supervisor's written decision, the employee may advance the written grievance to the employee's agency or division director within 10 working days after the expiration of the period for response or receipt of the written decision, whichever is first.
(b) Within five working days after receiving the written grievance, the employee's agency or division director may issue a written response to the grievance stating the decision and the reasons for the decision.
(3)
(a) If the employee's agency or division director fails to respond to the grievance within five working days after its submission, or if the aggrieved employee is dissatisfied with the agency or division director's written decision, the employee may advance the written grievance to the employee's department head within 10 working days after the expiration of the period for decision or receipt of the written decision, whichever is first.
(b) Within 10 working days after the employee's written grievance is submitted, the department head may issue a written response to the grievance stating the decision and the reasons for the decision.
(c) The decision of the department head is final in all matters except those matters that the office may review under the authority of Part 3, Grievance Procedures.
(4) If the written grievance submitted to the employee's department head meets the subject matter requirements of Section 67-19a-202 and if the employee's department head fails to respond to the grievance within 10 working days after submission, or if the aggrieved employee is dissatisfied with the department head's written decision, the employee may advance the written grievance to the administrator within 10 working days after the expiration of the period for decision or receipt of the written decision, whichever is first.
Amended by Chapter 390, 2018 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 19a - Grievance Procedures › Part 4 - Procedural Steps to Be Followed by Aggrieved Employee › Section 402.5 - Procedural steps to be followed by reporting employee alleging retaliatory action.

Effective 5/8/2018
67-19a-402.5.
Procedural steps to be followed by reporting employee alleging retaliatory action.
(1) A reporting employee who desires to assert an administrative grievance of retaliatory action:
(a) shall submit the grievance in writing within 30 days after the day on which the retaliatory action occurs;
(b) is not required to comply with Section 63G-7-402 to file the grievance; and
(c) is subject to the provisions of Section 67-21-4.
(2)
(a) When a reporting employee files a grievance with the administrator under Subsection (1), the administrator shall initially determine:
(i) whether the reporting employee is entitled, under this chapter and Chapter 21, Utah Protection of Public Employees Act, to bring the grievance and use the grievance procedure;
(ii) whether the office has authority to review the grievance;
(iii) whether, if the alleged grievance were found to be true, the reporting employee would be entitled to relief under Subsection 67-21-3.5(2); and
(iv) whether the reporting employee has been directly harmed.
(b) To make the determinations described in Subsection (2)(a), the administrator may:
(i) hold an initial hearing, where the parties may present oral arguments, written arguments, or both; or
(ii) conduct an administrative review of the grievance.
(3)
(a) If the administrator holds an initial hearing, the administrator shall issue a written decision within 15 days after the day on which the hearing is adjourned.
(b) If the administrator chooses to conduct an administrative review of the grievance, the administrator shall issue the written decision within 15 days after the day on which the administrator receives the grievance.
(4)
(a) If the administrator determines the office has authority to review the grievance, the administrator shall provide for an evidentiary hearing in accordance with Section 67-19a-404.
(b) The administrator may dismiss the grievance, without holding a hearing or taking evidence, if the administrator:
(i) finds that, even if the alleged grievance were found to be true, the reporting employee would not be entitled to relief under Subsection 67-21-3.5(2); and
(ii) provides the administrator's findings, in writing, to the reporting employee.
(c) The office shall comply with Chapter 21, Utah Protection of Public Employees Act, in taking action under this section.
(5) A decision reached by the office in reviewing a retaliatory action grievance from a reporting employee may be appealed directly to the Utah Court of Appeals.
(6)
(a) Except as provided in Subsection (6)(b), an appellate court may award costs and attorney fees, accrued at the appellate court level, to a prevailing employee.
(b) A court may not order the office to pay costs or attorney fees under this section.
Amended by Chapter 390, 2018 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 19a - Grievance Procedures › Part 4 - Procedural Steps to Be Followed by Aggrieved Employee › Section 403 - Advancement of grievance to administrator -- Initial hearing.

67-19a-403.
Advancement of grievance to administrator -- Initial hearing.
(1) At any time after a career service employee submits a written grievance to the administrator under Subsection 67-19a-402(4), the administrator may attempt to settle the grievance informally by conference, conciliation, and persuasion with the employee and the agency.
(2)
(a) When an employee advances a grievance to the administrator under Subsection 67-19a-402(4), the administrator shall initially determine:
(i) whether the employee is a career service employee and is entitled to use the grievance system;
(ii) whether the office has authority to review the grievance; and
(iii) whether the employee has been directly harmed.
(b) In order to make the determinations required by Subsection (2)(a), the administrator may:
(i) hold an initial hearing, where the parties may present oral arguments, written arguments, or both; or
(ii) conduct an administrative review of the file.
(3)
(a) If the administrator holds an initial hearing, the administrator shall issue a written decision within 15 days after the hearing is adjourned.
(b) If the administrator chooses to conduct an administrative review of the file, the administrator shall issue the written decision within 15 days after the administrator receives the grievance.
Amended by Chapter 249, 2010 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 19a - Grievance Procedures › Part 4 - Procedural Steps to Be Followed by Aggrieved Employee › Section 404 - Evidentiary hearing.

67-19a-404.
Evidentiary hearing.
(1) If the administrator determines that the office has authority to review the grievance, the administrator shall:
(a) appoint a hearing officer to adjudicate the grievance; and
(b) set a date for the evidentiary hearing that is either:
(i) not later than 30 days after the date the administrator determines that the office has authority to review the grievance; or
(ii) at a date:
(A) agreed upon by the parties and the administrator; and
(B) not greater than 150 days after the date the administrator determines that the office has authority to review the grievance.
(2) After the date for the evidentiary hearing has been set, the administrator or assigned hearing officer may grant each party one extension of reasonable length for extraordinary circumstances as determined by the administrator or assigned hearing officer.
(3) Notwithstanding Section 63G-4-205, and in order to accommodate the 150-day time limit, the administrator may only allow a motion for discovery for production of documents, records, and evidence under Utah Rules of Civil Procedure, Rule 34.
Amended by Chapter 249, 2010 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 19a - Grievance Procedures › Part 4 - Procedural Steps to Be Followed by Aggrieved Employee › Section 405 - Prehearing conference.

67-19a-405.
Prehearing conference.
(1) The administrator may require the presence of each party, the representatives of each party, and other designated persons at a prehearing conference.
(2) At the conference, the administrator may require the parties to:
(a) identify which allegations are admitted and which allegations are denied;
(b) submit a joint statement detailing:
(i) stipulated facts that are not in dispute;
(ii) the issues to be decided; and
(iii) applicable laws and rules;
(c) submit a list of witnesses, exhibits, and papers or other evidence that each party intends to offer as evidence; and
(d) confer in an effort to resolve or settle the grievance.
(3) At the conclusion of the prehearing conference, the administrator may require the parties to prepare a written statement identifying:
(a) the items presented or agreed to under Subsection (2); and
(b) the issues remaining to be resolved by the hearing process.
(4) The prehearing conference is informal and is not open to the public or press.
Enacted by Chapter 191, 1989 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 19a - Grievance Procedures › Part 4 - Procedural Steps to Be Followed by Aggrieved Employee › Section 406 - Procedural steps to be followed by aggrieved employee -- Hearing before hearing officer -- Evidentiary and procedural rules.

Effective 5/8/2018
67-19a-406.
Procedural steps to be followed by aggrieved employee -- Hearing before hearing officer -- Evidentiary and procedural rules.
(1)
(a) The administrator shall record the hearing and preserve the record.
(b) The recording of the proceedings and all exhibits, briefs, motions, and pleadings received by the hearing officer are the official record of the proceeding.
(2)
(a) The agency has the burden of proof in all grievances.
(b) The agency must prove the agency's case by substantial evidence.
(3)
(a) The hearing officer shall issue a written decision within 20 working days after the hearing is adjourned.
(b) If the hearing officer does not issue a decision within 20 working days, the agency that is a party to the grievance is not liable for any claimed back wages or benefits after the date the decision is due.
(4) The hearing officer may:
(a) not award attorney fees or costs to either party;
(b) close a hearing by complying with the procedures and requirements of Title 52, Chapter 4, Open and Public Meetings Act;
(c) seal the file and the evidence produced at the hearing if the evidence raises questions about an employee's character, professional competence, or physical or mental health;
(d) grant continuances according to rule; and
(e) decide a motion, an issue regarding discovery, or another issue in accordance with this chapter.
(5)
(a) A hearing officer shall affirm, rescind, or modify agency action.
(b)
(i) If a hearing officer does not affirm agency action, the hearing officer shall order back pay and back benefits that the grievant would have received without the agency action.
(ii) An order under Subsection (5)(b)(i) shall include:
(A) reimbursement to the grievant for premiums that the grievant paid for benefits allowed under the Consolidated Omnibus Reconciliation Act of 1985; and
(B) an offset for any state paid benefits the grievant receives because of the agency action, including unemployment compensation benefits.
(c) In an order under Subsection (5)(b)(i), a hearing officer may not reduce the amount of back pay and benefits awarded a grievant because of income that the grievant earns during the grievance process.
(6) An employee who files a grievance in accordance with this chapter may appeal a decision of the office directly to the Utah Court of Appeals in accordance with Title 63G, Chapter 4, Administrative Procedures Act.
Amended by Chapter 127, 2018 General Session
Amended by Chapter 390, 2018 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 19a - Grievance Procedures › Part 5 - Abusive Conduct Administrative Review › Section 501 - Procedural steps to be followed in an administrative review of an abusive conduct investigation.

Effective 7/1/2021
67-19a-501.
Procedural steps to be followed in an administrative review of an abusive conduct investigation.
(1) An employee of a state executive branch agency, as defined in Section 67-26-102, may, under Subsection 67-19a-202(3), initiate an administrative review of the findings of an abusive conduct investigation within 10 days after the day on which the employee receives notification of the investigative findings.
(2)
(a) An employee bringing an administrative review of the findings described in Subsection (1) may file the request for the administrative review directly with the office.
(b) The request for administrative review may describe the reasons for the administrative review and include any submissions the employee desires to submit.
(3)
(a) When an employee initiates the review described in Subsection (2) with the office:
(i) the role of the administrative review is to review and rule upon the findings of the abusive conduct investigation; and
(ii) an evidentiary hearing is not required.
(b) The division shall make the abusive conduct investigative file available for the office's in camera review.
(c) The office may:
(i) request additional relevant documents from the division or the affected employee; and
(ii) interview the employee who initiated the administrative review and the investigators who conducted the investigation.
(4)
(a) The office may overturn the findings of the abusive conduct investigation if the office determines that:
(i) the findings are not reasonable, rational, or sufficiently supported by the evidence; or
(ii) the facts on which the findings are based are inaccurate.
(b) The office may uphold the findings of the abusive conduct investigation if the office determines that:
(i) the findings are reasonable, rational, and sufficiently supported by the evidence; and
(ii) the facts on which the findings are based are accurate.
(5)
(a) Within 30 days after the day on which an employee initiates an administrative review under this section, the office shall issue a notice stating whether the office upheld or overturned the investigative findings.
(b) The office's determination upon administrative review of the findings resulting from an abusive conduct investigation is final and not subject to appeal.
(c) The following are classified as protected under Title 63G, Chapter 2, Government Records Access and Management Act, and any other applicable confidentiality provisions:
(i) the request for administrative review and any accompanying documents;
(ii) documents that any party provides;
(iii) the contents of the administrative review file; and
(iv) the office's determination.
Amended by Chapter 344, 2021 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 19d - State Post-Retirement Benefits Trust Fund Act › Part 1 - General Provisions › Section 102 - Definitions.

67-19d-102.
Definitions.
As used in this chapter:
(1) "Board of trustees" or "board" means the board of trustees created in Section 67-19d-202.
(2) "Income" means the revenues received by the state treasurer from investments of the trust fund principal.
(3) "Trust fund" means the State Post-Retirement Benefits Trust Fund created by Section 67-19d-201.
Enacted by Chapter 99, 2007 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 19d - State Post-Retirement Benefits Trust Fund Act › Part 2 - Creation and Governance of the Post-Retirement Benefits Trust Fund › Section 201 - Trust fund -- Creation -- Oversight -- Dissolution.

Effective 7/1/2021
67-19d-201.
Trust fund -- Creation -- Oversight -- Dissolution.
(1) There is created a post-retirement benefits trust fund entitled the "State Post-Retirement Benefits Trust Fund."
(2) The trust fund consists of:
(a) revenue provided from an ongoing labor additive as defined in Subsection 67-19d-202(2)(g);
(b) appropriations made to the fund by the Legislature, if any;
(c) income as defined in Section 67-19d-102; and
(d) other revenues received from other sources.
(3) The Division of Finance shall account for the receipt and expenditures of trust fund money.
(4)
(a) The state treasurer shall invest trust fund money by following the procedures and requirements of Part 3, Trust Fund Investments.
(b)
(i) The trust fund shall earn interest.
(ii) The state treasurer shall deposit all interest or other income earned from investment of the trust fund back into the trust fund.
(5) The board of trustees created in Section 67-19d-202 may expend money from the trust fund for:
(a) the employer portion of the costs of the programs established in Sections 63A-17-505 through 63A-17-508; and
(b) reasonable administrative costs that the board of trustees incurs in performing their duties as trustees of the trust fund.
(6) The board of trustees shall ensure that:
(a) money deposited into the trust fund is irrevocable and is expended only for the employer portion of the costs of post-retirement benefits;
(b) assets of the trust fund are dedicated to providing benefits to retirees and their beneficiaries according to the terms of the post-retirement benefit plans established by statute and rule; and
(c) creditors of the board of trustees and of employers liable for the post-retirement benefits may not seize, attach, or otherwise obtain assets of the trust fund.
(7) When all of the liabilities for which the trust fund was created are paid, the Division of Finance shall transfer any assets remaining in the state trust fund into the appropriate fund.
Amended by Chapter 344, 2021 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 19d - State Post-Retirement Benefits Trust Fund Act › Part 2 - Creation and Governance of the Post-Retirement Benefits Trust Fund › Section 201.5 - Elected Official Post-Retirement Benefits Trust Fund -- Creation -- Oversight -- Dissolution.

67-19d-201.5.
Elected Official Post-Retirement Benefits Trust Fund -- Creation -- Oversight -- Dissolution.
(1) There is created the "Elected Official Post-Retirement Benefits Trust Fund."
(2) The Elected Official Post-Retirement Benefits Trust Fund consists of:
(a) appropriations made to the fund by the Legislature for the purpose of funding the post-retirement benefits in Section 49-20-404;
(b) revenues received by the state treasurer from the investment of the Elected Official Post-Retirement Benefits Trust Fund; and
(c) other revenues received from other sources.
(3) The Division of Finance shall account for the receipt and expenditures of money in the Elected Official Post-Retirement Benefits Trust Fund.
(4)
(a) Except as provided in Subsection (4)(c), the state treasurer shall invest the Elected Official Post-Retirement Benefits Trust Fund money by following the same procedures and requirements for the investment of the State Post-Retirement Benefits Trust Fund in Part 3, Trust Fund Investments.
(b)
(i) The Elected Official Post-Retirement Benefits Trust Fund shall earn interest.
(ii) The state treasurer shall deposit all interest or other income earned from investment of the Elected Official Post-Retirement Benefits Trust Fund back into the Elected Official Post-Retirement Benefits Trust Fund.
(c) The Elected Official Post-Retirement Benefits Trust Fund is exempt from Title 51, Chapter 7, State Money Management Act.
(5) The board of trustees created in Section 67-19d-202 may expend money from the Elected Official Post-Retirement Benefits Trust Fund for:
(a) the employer portion of the cost of the program established in Section 49-20-404; and
(b) reasonable administrative costs that the board of trustees incurs in performing its duties as trustees of the Elected Official Post-Retirement Benefits Trust Fund.
(6) The board of trustees shall ensure that:
(a) money deposited into the Elected Official Post-Retirement Benefits Trust Fund is irrevocable and is expended only for the employer portion of the costs of post-retirement benefits under Section 49-20-404; and
(b) creditors of the board of trustees and of employers liable for the post-retirement benefits may not seize, attach, or otherwise obtain assets of the Elected Official Post-Retirement Benefits Trust Fund.
(7) When all of the liabilities for which the Elected Official Post-Retirement Benefits Trust Fund was created are paid, the Division of Finance shall transfer any assets remaining in the Elected Official Post-Retirement Benefits Trust Fund into the appropriate fund.
Enacted by Chapter 376, 2012 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 19d - State Post-Retirement Benefits Trust Fund Act › Part 2 - Creation and Governance of the Post-Retirement Benefits Trust Fund › Section 202 - Board of trustees of the State Post-Retirement Benefits Trust Fund and the Elected Official Post-Retirement Benefits Trust Fund.

Effective 7/1/2021
67-19d-202.
Board of trustees of the State Post-Retirement Benefits Trust Fund and the Elected Official Post-Retirement Benefits Trust Fund.
(1)
(a) There is created a board of trustees of the State Post-Retirement Benefits Trust Fund and the Elected Official Post-Retirement Benefits Trust Fund composed of three members:
(i) the state treasurer or designee;
(ii) the director of the Division of Finance or designee; and
(iii) the executive director of the Governor's Office of Planning and Budget or designee.
(b) The state treasurer is chair of the board.
(c) Three members of the board are a quorum.
(d) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with:
(i) Section 63A-3-106;
(ii) Section 63A-3-107; and
(iii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
(e)
(i) Except as provided in Subsection (1)(e)(ii), the state treasurer shall staff the board of trustees.
(ii) The Division of Finance shall provide accounting services for the trust fund.
(2) The board shall:
(a) on behalf of the state, act as trustee of the State Post-Retirement Benefits Trust Fund created under Section 67-19d-201 and the Elected Official Post-Retirement Benefits Trust Fund created under Section 67-19d-201.5 and exercise the state's fiduciary responsibilities;
(b) meet at least twice per year;
(c) review and approve all policies, projections, rules, criteria, procedures, forms, standards, performance goals, and actuarial reports;
(d) review and approve the budget for each trust fund described under Subsection (2)(a);
(e) review financial records for each trust fund described under Subsection (2)(a), including trust fund receipts, expenditures, and investments;
(f) commission and obtain actuarial studies of the liabilities for each trust fund described under Subsection (2)(a);
(g) for purposes of the State Post-Retirement Benefits Trust Fund, establish labor additive rates to charge all federal, state, and other programs to cover:
(i) the annual required contribution as determined by actuary; and
(ii) the administrative expenses of the trust fund; and
(h) do any other things necessary to perform the state's fiduciary obligations under each trust fund described under Subsection (2)(a).
(3) The attorney general shall:
(a) act as legal counsel and provide legal representation to the board of trustees; and
(b) attend, or direct an attorney from the Office of the Attorney General to attend, each meeting of the board of trustees.
Amended by Chapter 382, 2021 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 19d - State Post-Retirement Benefits Trust Fund Act › Part 3 - Trust Fund Investments › Section 301 - Investment of State Post-Retirement Benefits Trust Fund.

67-19d-301.
Investment of State Post-Retirement Benefits Trust Fund.
(1) The state treasurer shall invest the assets of the State Post-Retirement Benefits Trust Fund created under Section 67-19d-201 and the Elected Official Post-Retirement Benefits Trust Fund created under Section 67-19d-201.5 with the primary goal of providing for the stability, income, and growth of the principal.
(2) Nothing in this section requires a specific outcome in investing.
(3) The state treasurer may deduct any administrative costs incurred in managing trust fund assets from earnings before distributing them.
(4)
(a) The state treasurer may employ professional asset managers to assist in the investment of assets of the trust fund.
(b) The treasurer may only provide compensation to asset managers from earnings generated by the trust fund's investments.
Amended by Chapter 376, 2012 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 19d - State Post-Retirement Benefits Trust Fund Act › Part 3 - Trust Fund Investments › Section 302 - State treasurer to follow "prudent investor" rule -- Standard of care.

67-19d-302.
State treasurer to follow "prudent investor" rule -- Standard of care.
(1) The state treasurer shall invest and manage the trust fund assets as a prudent investor would, by:
(a) considering the purposes, terms, distribution requirements, and other circumstances of the trust fund; and
(b) exercising reasonable care, skill, and caution in order to meet the standard of care of a prudent investor.
(2) In determining whether or not the state treasurer has met the standard of care of a prudent investor, the judge or finder of fact shall:
(a) consider the state treasurer's actions in light of the facts and circumstances existing at the time of the investment decision or action, and not by hindsight; and
(b) evaluate the state treasurer's investment and management decisions respecting individual assets:
(i) not in isolation, but in the context of a trust fund portfolio as a whole; and
(ii) as a part of an overall investment strategy that has risk and return objectives reasonably suited to the trust fund.
Enacted by Chapter 99, 2007 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 19f - State Employees' Annual Leave Trust Fund Act › Part 1 - General Provisions › Section 102 - Definitions.

Effective 7/1/2021
67-19f-102.
Definitions.
As used in this chapter:
(1) "Annual leave II" means the same as that term is defined in Section 63A-17-510.
(2) "Board of trustees" or "board" means the board of trustees created in Section 67-19f-202.
(3) "Income" means the revenues received by the state treasurer from investments of the trust fund principal.
(4) "Trust fund" means the State Employees' Annual Leave Trust Fund created in Section 67-19f-201.
Amended by Chapter 344, 2021 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 19f - State Employees' Annual Leave Trust Fund Act › Part 2 - Oversight and Board of Trustees › Section 201 - State Employees Annual Leave Trust Fund -- Creation -- Oversight -- Dissolution.

Effective 7/1/2023
67-19f-201.
State Employees Annual Leave Trust Fund -- Creation -- Oversight -- Dissolution.
(1) There is created a trust fund entitled the "State Employees' Annual Leave Trust Fund."
(2) The trust fund consists of:
(a) ongoing revenue provided from a state agency set aside for accrued annual leave II required under Section 63A-17-510;
(b) appropriations made to the trust fund by the Legislature, if any;
(c) transfers from the termination pool described in Subsection 63A-17-510(6) made by the Division of Finance to the trust fund for annual leave liabilities accrued before the change date established under Section 63A-17-510;
(d) income; and
(e) revenue received from other sources.
(3)
(a) The Division of Finance shall account for the receipt and expenditures of trust fund money.
(b) The Division of Finance shall make the necessary adjustments to the amount of set aside costs required under Subsection 63A-17-510(4)(a) to provide that upon the trust fund's accrual of funding equal to 10% of the annual leave liability, year-end trust fund balances remain equal to at least 10% of the total state employee annual leave liability.
(4)
(a) The state treasurer shall invest trust fund money by following the procedures and requirements of Part 3, Investment of Trust Funds.
(b)
(i) The trust fund shall earn interest.
(ii) The state treasurer shall deposit all interest or other income earned from investment of the trust fund back into the trust fund.
(5) The board of trustees created in Section 67-19f-202 may expend money from the trust fund for:
(a) reimbursement to the employer of the costs paid to the trust fund in accordance with Section 63A-17-510 as annual leave II is used by an employee;
(b) payments based on accrued annual leave and on accrued annual leave II that are made upon termination of an employee;
(c) refunds for overpayments; and
(d) reasonable administrative costs that the board of trustees incurs in performing its duties as trustee of the trust fund.
(6) The board of trustees shall ensure that:
(a) money deposited into the trust fund is irrevocable and is expended only for the costs described in Subsection (5); and
(b) assets of the trust fund are dedicated to providing annual leave and annual leave II established by statute and rule.
(7) A creditor of the board of trustees or a state agency liable for annual leave benefits may not seize, attach, or otherwise obtain assets of the trust fund.
Amended by Chapter 534, 2023 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 19f - State Employees' Annual Leave Trust Fund Act › Part 2 - Oversight and Board of Trustees › Section 202 - Board of trustees of the State Employees' Annual Leave Trust Fund.

Effective 7/1/2021
67-19f-202.
Board of trustees of the State Employees' Annual Leave Trust Fund.
(1)
(a) There is created a board of trustees of the State Employees' Annual Leave Trust Fund composed of the following three members:
(i) the state treasurer or the state treasurer's designee;
(ii) the director of the Division of Finance or the director's designee; and
(iii) the executive director of the Governor's Office of Planning and Budget or the executive director's designee.
(b) The state treasurer is chair of the board.
(c) Three members of the board is a quorum.
(d) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses as allowed in:
(i) Section 63A-3-106;
(ii) Section 63A-3-107; and
(iii) rules made by the Division of Finance according to Sections 63A-3-106 and 63A-3-107.
(e)
(i) Except as provided in Subsection (1)(e)(ii), the state treasurer shall staff the board of trustees.
(ii) The Division of Finance shall provide accounting services for the trust fund.
(2) The board shall:
(a) on behalf of the state, act as trustee of the trust fund created under Section 67-19f-201 and exercise the state's fiduciary responsibilities;
(b) meet at least twice per year;
(c) review and approve the policies, projections, rules, criteria, procedures, forms, standards, performance goals, and actuarial reports for the trust fund;
(d) review and approve the budget for the trust fund;
(e) review financial records for the trust fund, including trust fund receipts, expenditures, and investments; and
(f) do any other things necessary to perform the state's fiduciary obligations under the trust fund.
(3) The board may:
(a) commission and obtain actuarial studies of the liabilities for the trust fund; and
(b) for purposes of the trust fund, establish labor additive rates to charge for the administrative expenses of the trust fund.
(4) The attorney general shall:
(a) act as legal counsel and provide legal representation to the board of trustees; and
(b) attend, or direct an attorney from the Office of the Attorney General to attend, each meeting of the board of trustees.
Amended by Chapter 382, 2021 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 19f - State Employees' Annual Leave Trust Fund Act › Part 3 - Investment of Trust Funds › Section 301 - Investment of State Employees' Annual Leave Program II Trust Fund.

Effective 5/13/2014
67-19f-301.
Investment of State Employees' Annual Leave Program II Trust Fund.
(1) The state treasurer shall invest the assets of the trust fund with the primary goal of providing for the stability, income, and growth of the principal.
(2) Nothing in this section requires a specific outcome in investing.
(3) The state treasurer may deduct any administrative costs incurred in managing trust fund assets from earnings before distributing the trust fund assets.
(4)
(a) The state treasurer may employ professional asset managers to assist in the investment of assets of the trust fund.
(b) The treasurer may only provide compensation to asset managers from earnings generated by the trust fund's investments.
Enacted by Chapter 437, 2014 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 19f - State Employees' Annual Leave Trust Fund Act › Part 3 - Investment of Trust Funds › Section 302 - State treasurer to follow "prudent investor" rule -- Standard of care.

Effective 5/13/2014
67-19f-302.
State treasurer to follow "prudent investor" rule -- Standard of care.
(1) The state treasurer shall invest and manage the trust fund assets as a prudent investor would, by:
(a) considering the purposes, terms, distribution requirements, and other circumstances of the trust fund; and
(b) exercising reasonable care, skill, and caution in order to meet the standard of care of a prudent investor.
(2) In determining whether the state treasurer has met the standard of care of a prudent investor, the judge or finder of fact shall:
(a) consider the state treasurer's actions in light of the facts and circumstances existing at the time of the investment decision or action, and not by hindsight; and
(b) evaluate the state treasurer's investment and management decisions respecting individual assets:
(i) not in isolation, but in the context of the trust fund portfolio as a whole; and
(ii) as a part of an overall investment strategy that has risk and return objectives reasonably suited to the trust fund.
Enacted by Chapter 437, 2014 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 20 - Volunteer Government Workers Act › Section 3 - Purposes for which a volunteer is considered a government employee -- Limitations of liability for volunteer facilitators.

Effective 5/4/2022
67-20-3.
Purposes for which a volunteer is considered a government employee -- Limitations of liability for volunteer facilitators.
(1) Except as provided in Subsection (2) or (3), a volunteer is considered a government employee for purposes of:
(a) receiving workers' compensation medical benefits, which shall be the exclusive remedy for all injuries and occupational diseases as provided under Title 34A, Chapter 2, Workers' Compensation Act, and Chapter 3, Utah Occupational Disease Act;
(b) the operation of a motor vehicle or equipment if the volunteer is properly licensed and authorized to do so; and
(c) liability protection and indemnification normally afforded a paid government employee.
(2)
(a) A supervising agency shall provide workers' compensation benefits for a volunteer safety officer as provided in Section 67-20-7.
(b) A volunteer safety officer is considered an employee of the supervising agency of the volunteer safety officer for purposes of Subsections (1)(b) and (c).
(3)
(a) The county of a county sheriff that certifies and supervises a volunteer search and rescue team member shall provide workers' compensation benefits for the volunteer search and rescue team member as provided in Section 67-20-7.5.
(b) For purposes of Subsections (1)(b) and (c), a volunteer search and rescue team member is considered an employee of the county of the county sheriff that certifies and supervises the volunteer search and rescue team member.
(4) A volunteer facilitator is immune from liability for damages or injuries arising out of or related to the volunteer service of a volunteer provided by the volunteer facilitator to an agency, unless:
(a) an action or omission of the volunteer facilitator is grossly negligent, not made in good faith, or made maliciously, and causes harm to a person or property; or
(b) the volunteer facilitator fails to exercise due diligence in determining the fitness of a volunteer to provide voluntary service to the agency under circumstances that make the volunteer facilitator's failure to exercise due diligence grossly negligent, not in good faith, or malicious.
Amended by Chapter 346, 2022 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 20 - Volunteer Government Workers Act › Section 4 - Approval of volunteer.

Effective 5/4/2022
67-20-4.
Approval of volunteer.
(1) Except as approval is provided under Subsection (2), a volunteer may not donate any service to an agency unless the volunteer's services are approved by the chief executive of that agency or an authorized agency representative.
(2) When the county sheriff determines that a search and rescue emergency situation exists that requires law enforcement action, the county sheriff may approve a volunteer who offers to donate a service for any law enforcement related activity conducted in response to the emergency situation.
Amended by Chapter 346, 2022 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 20 - Volunteer Government Workers Act › Section 6 - Compensatory service worker workers' compensation medical benefits.

67-20-6.
Compensatory service worker workers' compensation medical benefits.
A compensatory service worker is considered a government employee for purposes of receiving workers' compensation medical benefits, which shall be the exclusive remedy for all injuries and occupational diseases as provided under:
(1)Title 34A, Chapter 2, Workers' Compensation Act; and
(2)Title 34A, Chapter 3, Utah Occupational Disease Act.
Amended by Chapter 185, 2002 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 20 - Volunteer Government Workers Act › Section 7 - Workers' compensation benefits for a volunteer safety officer.

67-20-7.
Workers' compensation benefits for a volunteer safety officer.
(1) A volunteer safety officer is considered an employee of an agency that supervises the volunteer safety officer for the purpose of receiving workers' compensation benefits under:
(a)Title 34A, Chapter 2, Workers' Compensation Act; and
(b)Title 34A, Chapter 3, Utah Occupational Disease Act.
(2)
(a) In accordance with Section 34A-2-105, the workers' compensation benefits described in Subsection (1) are the exclusive remedy against the supervising agency, or an officer, agent, or employee of the supervising agency, for all injuries and occupational diseases resulting from the volunteer safety officer's services for the supervising agency as a volunteer safety officer.
(b) For purposes of Subsection (2)(a), the supervising agency for whom the volunteer safety officer provides services as a volunteer safety officer is considered an employer of the volunteer safety officer.
(3) To compute the workers' compensation benefits for a volunteer safety officer described in Subsection (1), the average weekly wage of the volunteer safety officer shall be the state's average weekly wage at the time of the industrial accident or occupational disease that is the basis for the volunteer safety officer's worker's compensation claim.
Amended by Chapter 36, 2002 General Session
Amended by Chapter 185, 2002 General Session
Amended by Chapter 250, 2002 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 20 - Volunteer Government Workers Act › Section 7.5 - Workers' compensation benefits for a volunteer search and rescue team member.

67-20-7.5.
Workers' compensation benefits for a volunteer search and rescue team member.
(1) A volunteer search and rescue team member is considered an employee of the county of the county sheriff that certifies and supervises the volunteer search and rescue team member for the purpose of receiving workers' compensation benefits under:
(a)Title 34A, Chapter 2, Workers' Compensation Act; and
(b)Title 34A, Chapter 3, Utah Occupational Disease Act.
(2)
(a) In accordance with Section 34A-2-105, the workers' compensation benefits described in Subsection (1) are the exclusive remedy against the county of the supervising county sheriff or an officer, agent, or employee of the county or supervising county sheriff, for the injuries and occupational diseases resulting from the volunteer search and rescue team member's services for the supervising county sheriff as a volunteer search and rescue team member.
(b) For purposes of Subsection (2)(a), the county of the supervising county sheriff for whom the volunteer search and rescue team member provides services as a volunteer search and rescue team member is considered an employer of the volunteer search and rescue team member.
(3) To compute the workers' compensation benefits for a volunteer search and rescue team member described in Subsection (1), the average weekly wage of the volunteer search and rescue team member for purposes of the volunteer search and rescue team member's workers' compensation claim is the average weekly wage of an entry-level deputy sheriff employed by the supervising county sheriff at the time of the industrial accident or occupational disease.
Enacted by Chapter 248, 2011 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 20 - Volunteer Government Workers Act › Section 8 - Volunteer experience credit.

Effective 7/1/2021
67-20-8.
Volunteer experience credit.
(1) State agencies shall designate positions for which approved volunteer experience satisfies the job requirements for purposes of employment.
(2) When evaluating applicants for those designated positions, state agencies shall consider documented approved volunteer experience in the same manner as similar paid employment.
(3) The Division of Human Resource Management shall make statewide rules governing the:
(a) designation of volunteer positions; and
(b) a uniform process to document the approval, use, and hours worked by volunteers.
Amended by Chapter 344, 2021 General Session