53-17-201. Surviving spouse and children health, dental, and vision coverage for line-of-duty death.

347 words·~2 min read·/ut/title-53/chapter-17/53-17-201

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/7/2025

(a)Subject to Subsection (1)(b) , and in accordance with this section, an employer shall allow the surviving spouse and children of a member whose death is classified by the Utah State Retirement Office as a line-of-duty death under the provisions of Title 49, Utah State Retirement and Insurance Benefit Act , to remain eligible for the following coverage, if offered by the employer, as if the surviving spouse was an employee of the employer:

(i)health coverage;

(ii)dental coverage; and

(iii)vision coverage.

(b)Except as provided in Subsection (1)(d) , the employer shall pay:

(i)100% of the premium costs for the coverage described in Subsection (1)(a) ; and

(ii)if the health coverage is a high-deductible plan, the employer share of any contribution into a health savings account for the surviving spouse and dependent children as described under Subsections (1)(a) and (2).

(c)The employer may not require the surviving spouse to pay for premium costs or health savings account contributions as a condition of qualifying to continue to receive the coverage described in Subsection (1)(a) .

(d)An employer may pay the amount specified under Subsection (1)(b) through a cost-sharing agreement under Section 53-17-301 associated with the trust fund created under Section 53-17-401 .

(2)An employer shall allow a surviving spouse and children to remain eligible to receive coverage from the employer under this section at the option of the surviving spouse:

(a)for the surviving spouse, until the surviving spouse becomes eligible for Medicare; and

(b)for a child, until the child reaches the age of 26.

(3)This section does not apply to:

(a)a member who does not qualify for a line-of-duty death benefit under Title 49, Utah State Retirement and Insurance Benefit Act ;

(b)coverage for which, at the time of death, the member did not receive or qualify to receive; or

(c)a member who is covered under Section 49-20-406 .

Amended by Chapter 56 , 2025 General Session