Current through the 2024 Fourth Special Session
Section 53G-11-204 - Postemployment health insurance benefits restrictions - Definitions - Restrictions - Exceptions(1) As used in this section: (a) "Budgetary accounts" means the same as that term is defined in Section 51-5-3.(b) "GASB" means the same as that term is defined in Section 51-5-3.(c) "Liabilities" means the same as that term is defined in Section 51-5-3.(d) "Postemployment" means the same as that term is defined in Section 51-5-3.(e) "Postemployment health insurance benefits" means health insurance benefits: (i) offered or promised to an employee for the employee's postemployment; or(ii) continued into postemployment.(2) Except as provided under Subsection (3), a school district or charter school may not offer or provide a postemployment health insurance benefit to an employee who begins employment with the school district or charter school on or after July 1, 2015.(3) A school district or charter school may offer or provide postemployment health care insurance to employees if the school district or charter school: (a) calculates the liabilities associated with postemployment health insurance benefits by applying GASB standards;(b) recognizes current payments and all liabilities associated with the postemployment health insurance benefits in budgetary accounts;(c) fully funds the annual required contributions associated with the postemployment health insurance benefits liabilities;(d) establishes and implements a plan approved by the school district's local school board or charter school's governing board to catch up on any unfunded liabilities within no more than 20 years; and(e) provides for ongoing payments against the postemployment health insurance liabilities as employees qualify for receiving the postemployment health insurance benefits.(4)(a) Except as provided in Subsection (4)(b), if in a fiscal year, a school district or charter school fails to fully fund the annual required contributions described in Subsection (3)(c), the school district or charter school may not offer or provide a postemployment health insurance benefit for new employees beginning on the first day of that fiscal year.(b) The provisions of Subsection (4)(a) do not apply if:(i) for a school district only, the school district is imposing the maximum allowed local school board levy under Section 53F-8-302;(ii) the school district or charter school fully funds the annual required contributions, including any missed contributions, by the end of the fiscal year following the fiscal year of inadequate funding; or(iii) no increase was approved by the Legislature in the weighted pupil unit as defined in Section 53F-2-102 for the fiscal year the annual required contributions were not fully funded.Renumbered from § 53A-19-401 and amended by Chapter 3, 2018 General Session ,§ 369, eff. 1/24/2018.Added by Chapter 399, 2015 General Session ,§ 2, eff. 7/1/2015.