§ 53G-11-204 — Postemployment health insurance benefits restrictions -- Definitions -- Restrictions -- Exceptions.

(1) As used in this section:

(1)(a) "Budgetary accounts" means the same as that term is defined in Section 51-5-3.
(1)(b) "GASB" means the same as that term is defined in Section 51-5-3.
(1)(c) "Liabilities" means the same as that term is defined in Section 51-5-3.
(1)(d) "Postemployment" means the same as that term is defined in Section 51-5-3.
(1)(e) "Postemployment health insurance benefits" means health insurance benefits:
(1)(e)(i) offered or promised to an employee for the employee's postemployment; or
(1)(e)(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:

(3)(a) calculates the liabilities associated with postemployment health insurance benefits by applying GASB standards;
(3)(b) recognizes current payments and all liabilities associated with the postemployment health insurance benefits in budgetary accounts;
(3)(c) fully funds the annual required contributions associated with the postemployment health insurance benefits liabilities;
(3)(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
(3)(e) provides for ongoing payments against the postemployment health insurance liabilities as employees qualify for receiving the postemployment health insurance benefits.
(4) (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.
(4)(b) The provisions of Subsection (4)(a) do not apply if:
(4)(b)(i) for a school district only, the school district is imposing the maximum allowed local school board levy under Section 53F-8-302;
(4)(b)(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
(4)(b)(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.

Legislative History

Renumbered and Amended by Chapter 3, 2018 General Session