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All of the benefit information below has been complied by COPS, a support group for police survivors.
Rev. 02/05
STATE OF UTAH
DEATH BENEFITS
To obtain certified copies of registered personal documents, contact the Bureau of Vital
Records, P. O. Box 16700, Salt Lake City, UT 84116, phone (801) 538-6105.
STATE DEATH BENEFITS
Public Safety Death Benefit - $50,000 payable to the beneficiaries of all Utah State law
enforcement officers killed in the line of duty. This benefit is paid by Beneficial Life.
STATE PENSION BENEFITS
49-4-403. Service credit under both Division A and B -
Computation of benefit - benefits for surviving spouse.
If a member has service under both Division A and B, the service retirement benefits shall be
computed under both divisions, first using B service under the Division B formula and then A
service under the Division A formula, limited to 2.5% for the first 20 years and then 2% for
service over 20 years. The surviving spouse of the member, if eligible, shall receive a
beneficiary allowance computed under the division which provides the larger benefit, but
may not receive an allowance under both divisions if it would result in duplicate benefits.
49-4-601. Annual cost-of-living adjustment.
(1) The retirement office shall compute and pay, upon approval by
the board, an annual cost-of-living adjustment to members. The
adjustment shall be equal to the decrease in the purchasing
power of the dollar during the preceding year, as measured by
the Consumer Price Index, U.S. City Average, prepared by the
United States Bureau of Labor Statistics, and shall be limited to a
maximum of 2.5% of the beneficiary's retirement allowance at
the time the benefit first started. Decreased in the purchasing
power of the dollar exceeding 2.5% annually shall be
accumulated and used in subsequent allowances when the
cost-of-living adjustment is less than 2.5%.
(2) The cost-of-living adjustment shall be reduced if the index shows
a decline of 4% or more during any period of more than one
year. These reductions may not exceed 2% per year based upon
the original pension allowance. Payments made under this
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section shall be part of the allowance.
49-4-701. Death of active member in Division A - Payment of benefits.
If an active member of the system enrolled in Division A under Section 49-4-301 dies, the
following benefits are payable according to the conditions stipulated:
(1) If the death is classified as a line-of-duty death, the dependent
spouse shall receive a lump sum of $1,000 and a monthly
allowance equal to 30% of the deceased member's final average
monthly salary.
(2) If the death is not classified as a line-of-duty death, the following
benefits are payable:
(a) If the member has less than ten years service credit at the
time of death, the beneficiary shall receive the sum of
$1,000 or a refund of contributions, whichever amount is
greater.
(b) If the member has ten or more years of service credit at the
time of death, the dependent spouse shall receive the sum
of $500, plus a monthly allowance equal to 2% of the
deceased member's final average monthly salary, for each
year of service credit standing to the member's account,
with a maximum of 30% allowed.
(3) No benefits are payable to minor children under Division A.
49-4-702. Death of active member in Division B - Payment of benefits.
If an active member of the system enrolled in Division B under Section 49-4-301 dies,
following benefits are payable according to the conditions stipulated:
(1) If the death is classified as a line-of-duty death, the dependent
spouse shall receive a lump sum of $1,500 and a monthly
allowance equal to 37.5% of the deceased member's final
average monthly salary.
(2) If the death is not classified as line-of-duty death, and the
deceased member has two or more years of service credit at the
time of death, the death is considered line-of-duty and the benefit
payable is the same as provided under Subsection (1).
(3) If the deceased member has two or more years of service at the
time of death, the benefit payable to each of the member's
unmarried children to age 18 is a monthly allowance of $50.
Payments shall be made to the surviving parent or to a duly
appointed guardian, or as otherwise provided under Chapter 1,
Title 49.
(4) If the benefit is not distributed under this section, and there is a
beneficiary, the vested contribution shall be paid to the
beneficiary.
(5) The total monthly payments to be made on behalf of any one
deceased member's account may not exceed 75% of the
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member's final average monthly salary.
49-4-703. Death of active member having no spouse or minor children as beneficiary.
The death benefit payable on behalf of an active member who dies and has no spouse or
minor children as a beneficiary is 100% of the deceased member's contribution or $500,
whichever amount is larger.
For additional information contact the Utah State Retirement Office, 540 East 200
South, Salt Lake City, Utah 84102; (801) 366- 7770.
EDUCATION BENEFITS
TUITION WAIVED FOR SURVIVORS
53B-8c-103
Beginning in the 1997-98 academic year, a state institution of higher education shall waive
tuition for each child and surviving spouse of a Utah peace officer or Utah firefighter who
has been killed or is killed in the line of duty if the individual meets the following
requirements.
Tuition will be waived for not more than nine semesters or the equivalent number of
quarters. Tuition will be waived only to the extent that the tuition is not covered or paid by
any scholarship, trust fund, or statutory benefit, or any other source of tuition coverage
available. Tuition will be waived only for courses that are applicable toward the degree or
certificate requirements of the program in which the child or surviving spouse is enrolled.
The requirements the survivor must meet are:
1. Applies, qualifies, and is admitted as a full-time, part-time, or summer school
student in a program of study leading to a degree or certificate;
2. Is a resident student of the state as determined under Section 53B-8-102;
3. Applies to the institution for a waiver of tuition under this chapter and provides
evidence satisfactory to the department that:
a) The applicant is the surviving spouse or child of a peace officer or firefighter
who was killed in the line of duty;
b) The course or courses for which the applicant is seeking a tuition waiver meet
the requirements;
c) The applicant meets the other requirements of this section;
4. For a child of a peace officer or firefighter killed in the line of duty, applies for a
waiver for the first time before the age of 25;
5. Is certified by the financial aid officer at the higher education institution as
needing the tuition waiver in order to meet recognized educational expenses,
with the understanding that if the applicant's family income, excluding any income
from death benefits attributable to the peace officer's or firefighter;'s death, is
below 400% of the poverty level under federal poverty guidelines, income from
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any death benefits accruing to the applicant as a result of the death may not be
counted as family income in determining financial need under this Subsection;
6. Maintains satisfactory academic progress, as defined by the institution of higher
education, for each term or semester in which the individual is enrolled, which
may be measured by the definition used for federal student assistance programs
under Title IV of the Higher Education Act of 1965; and
7. Has not achieved a bachelor's degree and has received tuition reimbursement
under this chapter for less than 124 semester credits or 180 quarter credits at an
institution of higher education.
A restricted fund established through a donation to COPS allows COPS to provide $250
assistance per semester for books, fees, and miscellaneous costs to Utah survivors attending
college. This assistance is available for up to four years of undergraduate work, not to exceed
$2,000. Utah survivors must complete a COPS Scholarship Application, following the stated
guidelines and deadlines. For an application, contact the COPS National Office, 800-784-
2677, cops@nationalcops.org.
POLICE CORPS SCHOLARSHIP FUNDS
The Police Corps is administered by the Office of the Police Corps and Law Enforcement
Education (OPCLEE), within the Office of Justice Programs, US Department of Justice, in
partnership with participating States that have submitted an approved State Plan. Information
can be found at www.ojp.usdoj.gov/opclee.
The Police Corps awards scholarships and reimburses educational expenses to students who
agree to work in a State or local police force for at least four years. Students must pursue an
undergraduate or graduate degree in a course of study which, in the judgment of the State or
local police force to which the participant will be assigned, includes appropriate preparation
for police service. Police Corps funds cover education expenses (including tuition, fees,
books, supplies, transportation, room and board, and miscellaneous expenses) with a limit on
total payments to any student of $15,000.
Police Corps scholarship funds are also available to dependent children of law
enforcement officers killed in the line of duty if the death occurred within the state after
that state was approved to participate in the Police Corps program. In Utah, the death
must have occurred since September 1998. These scholarships may be applied to any
course of study, without any service or repayment obligation.
Police Corps participants are selected on a competitive basis by each State under regulations
prescribed by OPCLEE.
For more information, contact: Division of Peace Officer Standards & Training,
Autumn Oviatt or Arlene Bobowski, Toll Free: 1-877-865-2799, Tel: 801/965-4650,
www.policecorps.utah.gov/.
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HEALTH BENEFITS
Effective May 1, 2000, the survivors of law enforcement officers employed by the State of
Utah have health insurance provided by the State. The surviving spouse is entitled to
coverage until remarriage and coverage is provided for unmarried children to the age of 26.
This benefit is retro-active to all survivors who meet these qualifications regardless of the
officer's date of death. County and local agencies may provide this benefit but are not required
to. Check with your agency.
WORKERS' COMPENSATION
Workers' Compensation coverage is compulsory for employers in Utah.
The employer of the insurance carrier shall pay the burial expenses in ordinary cases as
established by rule.
Benefit is 66 2/3% of employee's wage for spouse only or spouse with child(ren) with a
minimum weekly benefit of $45 to $70 according to number of dependents and a maximum
weekly benefit of $351 for a maximum period of 312 weeks. Benefits may be extended if
survivors remain wholly dependent. After 312 weeks, benefits to wholly dependent spouse
become subject to Social Security benefit offsets.
One-year lump sum or remainder of award, whichever is less, payable to spouse upon
remarriage and weekly benefits cease.
To receive workers' compensation benefits the surviving spouse must take the initiative and
file a workers' compensation claim through a workers' compensation attorney to receive any
compensation. The determination as to whether the claim will be paid will be determined by
the Workers' Compensation Appeals Board.
Contact the Industrial Accidents Division, State Industrial Commission, Heber Wells
Building, 160 East 300 South, 3rd Floor, P. O. Box 146610, Salt Lake City, UT 84114-
6610, telephone (801) 530-6800.
PERSONAL LIFE POLICIES
Descent and Distribution: Intestate Succession and Wills.
2-101. Intestate Estate - Any part of the estate of a decedent not effectively disposed of by
his will passes to his heirs as prescribed in the following sections of this Code.
2-102. Share of the Spouse - The intestate share of the surviving spouse is:
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(1) if there is no surviving issue or parent of the decedent, the entire
intestate estate;
(2) if there is no surviving issue but the decedent is survived by a
parent or parents, the first $50,000, plus one-half of the balance
of the intestate estate;
(3) if there are surviving issue all of whom are issue of the surviving
spouse also, the first $50,000,plus one-half of the balance of the
intestate estate;
(4) if there are surviving issue one or more of whom are not issue of
the surviving spouse, one-half of the intestate estate.
Alternative Provision for Community Property States
2-102A. Share of the Spouse - The intestate share of the surviving spouse is as follows:
(1) as to separate property
(a) if there is no surviving issue or parent of the decedent the
entire intestate estate;
(b) if there is no surviving issue all of whom are issue of the
surviving spouse also, the first $50,000, plus one-half of the
balance of the intestate estate;
(c) if there are surviving issue one or more of whom are not
issue of the surviving spouse, one-half of the intestate
estate.
(2) as to community property
(a) The one-half of community property which belongs to the
decedent passes to the surviving spouse.
2-103. Share of Heirs Other Than Surviving Spouse - The part of the intestate estate if
there is no surviving spouse under Section 2-102, or the entire intestate estate if there is not
surviving spouse, passes as follows:
(1) to the issue of the decedent; if they are all of the same degree of
kinship to the decedent they take equally, but if of unequal
degree, then those of more remote degree take by representation;
(2) if there is no surviving issue, to parent(s) equally;
(3) if there is no surviving issue or parent, to the brothers and sisters
and the issue of each deceased brother or sister by
representation; if there is no surviving brother or sister, the issue
of brothers and sisters take equally if they are all of the same
degree of kinship to the decedent, but if of unequal degree than
those of more remote degree take by representation;
(4) if there is no surviving issue, parent or issue of a parent, but the
decedent is survived by one or more grandparents or issue of
grandparents, half of the estate passes to the paternal
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grandparents if both survive, or to the surviving parental
grandparent, or to the issue of the paternal grandparents if both
are deceased, the issue taking equally if they are all of the same
degree of kinship to the decedent, but if of unequal degree those
of more remote degree take by representation; and the other half
passes to the maternal relatives in the same manner; but if there
be no surviving grandparent or issue of grandparent on either the
paternal or the maternal side, the entire estate passes to the
relatives on the other side in the same manner as the half.
PEER SUPPORT ORGANIZATION
Established in 1984, Concerns of Police Survivors, Inc. (COPS), is a national, non-profit
organization that works with law enforcement agencies, police organizations, mental health
professional, and local peer-support organizations to provide assistance to surviving families
of law enforcement officers killed in the line of duty. COPS has become a "lifeline" to police
survivors nationwide. Contact: Ms. Carolyn Jones, Contact for Utah COPS, 1430 E.
Lexington Drive, Sandy, UT 84092, 801-577-5606, email cj1380@comcast.net.
All of the benefit information above has been complied by COPS, a support group for police survivors.
Contact the National Office of Concerns of Police Survivors, Inc. for additional information, or to support any of COPS' programs.
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Web site copyrighted © 2005 by Lydia Warner Miller