1. (1) A governmental entity or private entity may offer a portable benefit plan.

2. (2) Contributions to a portable benefit plan:

   1. (a) shall be voluntary; and
   2. (b) may not be used as a criterion for determining a person's employment classification.

3. (3) If an Internet or application-based company contributes to a portable benefit plan for the benefit of an individual beneficiary:

   1. (a) the contribution is not evidence of employer liability; and

   2. (b) a court may not construe the contribution as an element of an employment relationship for purposes of:

      1. (i) Title 34A, Chapter 2, Workers' Compensation Act; or
      2. (ii) Title 35A, Chapter 4, Employment Security Act.

Enacted by Chapter 517, 2023 General Session