§ 49-20-404. Governors' and legislative paid-up group health coverage benefit -- Limitations -- Medicare supplemental coverage -- Spouse coverage -- Limitations.

(1)

(a) Except as provided under Subsection (1)(b), the state shall pay the percentage of the cost of providing paid-up group health coverage under Subsection (3) for members and their surviving spouses covered under Chapter 19, Utah Governors' and Legislators' Retirement Act, or governors and legislators, as defined in Section 49-19-102, and their surviving spouses covered under Chapter 22, New Public Employees' Tier II Contributory Retirement Act, who:

(i) retire after January 1, 1998;

(ii) are at least 62 but less than 65 years of age;

(iii) elect to receive and apply for this benefit to the program; and

(iv) are active members at the time of retirement or have continued coverage with the program until the date of eligibility for the benefit under this Subsection (1).

(b) A governor or a legislator who begins service as a governor or legislator on or after January 1, 2012, and a surviving spouse of the governor or the legislator who begins service as a governor or legislator on or after January 1, 2012, is not eligible for the benefit provided under this Subsection (1).

(2) The state shall pay the percentage of the cost of providing Medicare supplemental coverage under Subsection (3) for members and their surviving spouses covered under Chapter 19, Utah Governors' and Legislators' Retirement Act who:

(a) began service as a governor or legislator before July 1, 2013;

(b) retire after January 1, 1998;

(c) are at least 65 years of age; and

(d) elect to receive and apply for this benefit to the program.

(3) The following percentages apply to the benefit described in Subsections (1)(a) and (2):

(a) 100% if the member has accrued 10 or more years of service credit;

(b) 80% if the member has accrued 8 or more years of service credit;

(c) 60% if the member has accrued 6 or more years of service credit; and

(d) 40% if the member has accrued 4 or more years of service credit.

Amended by Chapter 410, 2013 General Session