Utah Code § 49-11-305 — Utah Code / Title 49 / Chapter 49-11 / § 49-11-305
§ 49-11-305. Self-insurance option -- Purchase of liability insurance.
Status: in_force

(1) The office may self insure and may purchase commercial insurance in any amount. (2) The office may also purchase excess commercial insurance above the limits provided by the Governmental Immunity Act against any: (a) risk created or recognized by the Governmental Immunity Act; or (b) other action for which the board, office, or any of its employees, may be held liable.
Utah Code § 49-19-402 — Utah Code / Title 49 / Chapter 49-19 / § 49-19-402
§ 49-19-402. Calculation of allowance -- Reduction for early retirement.
Status: in_force

(1) (a) The base retirement amount for a governor under this plan is $500 per term, adjusted as provided in Section 49-19-404 since 1973. (b) A governor's allowance shall be calculated by multiplying the base retirement amount at the retirement date by the number of terms the governor served, including fractions of terms. (2) (a) The base retirement amount for a legislator under this plan is $10 per year of service in the Legislature, adjusted as provided in Section 49-19-404, since 1967. (b) A legislator's allowance shall be calculated by multiplying the base retirement amount at the retirement date by the number of years the legislator served, including fractions of years. (3) If a governor or legislator retires prior to age 65, the allowance shall be reduced by 3% for each year of retirement between age 62 and age 65.
Utah Code § 49-11-616 — Utah Code / Title 49 / Chapter 49-11 / § 49-11-616
§ 49-11-616. Benefits information.
Status: in_force

(1) The office shall provide written general information to each participating employer concerning benefits available under this title. (2) (a) A participating employer shall provide the information under Subsection (1) to each eligible employee: (i) immediately upon termination of service, leave of absence, commencement of long-term disability benefits, or retirement; and (ii) in person or, if the employee is unavailable to receive the information in person, by mailing the information to the employee's last known address. (b) (i) Each participating employer shall maintain the records necessary to demonstrate that the employer has provided the information outlined in Subsection (1) as required in Subsection (2)(a). (ii) The records shall be made available to the office upon request. (3) (a) The office shall provide each participating employer with a form to be signed by each employee to verify that the employee has been given in person the information required by this section. (b) If an employer provides information under Subsection (1) by mail as provided in Subsection (2)(a)(ii), the employer shall: (i) indicate on the form that the information was mailed to the employee and the address to which the information was mailed; (ii) maintain the records necessary to demonstrate that the employer complied with the requirements under this Subsection (3); and (iii) make the records available to the office upon request.
Utah Code § 49-12-405 — Utah Code / Title 49 / Chapter 49-12 / § 49-12-405
§ 49-12-405. Death of married member -- Service retirement benefits to surviving spouse.
Status: in_force

(1) Upon the request of a deceased member's surviving spouse, the deceased member is considered to have retired under Option Three on the first day of the month following the month in which the member died if the following requirements are met: (a) the member has: (i) 25 or more years of service credit; (ii) attained age 60 with 20 or more years of service credit; (iii) attained age 62 with 10 or more years of service credit; or (iv) attained age 65 with four or more years of service credit; and (b) the member dies leaving a surviving spouse. (2) The surviving spouse who requests a benefit under this section shall apply in writing to the office. The allowance shall begin on the first day of the month: (a) following the month in which the member died, if the application is received by the office within 90 days of the member's death; or (b) following the month in which the application is received by the office, if the application is received by the office more than 90 days after the member's death. (3) The Option Three benefit calculation, when there are 25 or more years of service credit, shall be calculated without a reduction in allowance under Section 49-12-402. (4) The benefit calculation for a surviving spouse with a valid domestic relations order benefits on file with the office before the member's death date in accordance with Section 49-11-612 is calculated according to the manner in which the court order specified benefits to be partitioned, whether as a fixed amount or as a percentage of the benefit. (5) (a) Except for a return of member contributions, benefits payable under this section are retirement benefits and shall be paid in addition to any payments made under Section 49-12-501. (b) Payments made under this section and Section 49-12-501 shall constitute a full and final settlement of the claim of the surviving spouse or any other beneficiary. (6) If the death benefits under this section are partitioned among more than one surviving spouse due to domestic relations order benefits on file with the office before the member's death date in accordance with Section 49-11-612, the total amount received by the surviving spouses may not exceed the death benefits normally provided to one surviving spouse under this section.
Utah Code § 49-19-502 — Utah Code / Title 49 / Chapter 49-19 / § 49-19-502
§ 49-19-502. Surviving spouse at the time of death includes certain former spouses -- Benefit calculation for former spouse.
Status: in_force

(1) The benefit calculation for a surviving spouse with a valid domestic relations order benefits on file with the office before the member's death date in accordance with Section 49-11-612 is calculated according to the manner in which the court order specified benefits to be partitioned, whether as a fixed amount or as a percentage of the benefit. (2) If the death benefits under this section are partitioned among more than one surviving spouse due to domestic relations order benefits on file with the office before the member's death date in accordance with Section 49-11-612, the total amount received by the surviving spouses may not exceed the death benefits normally provided to one surviving spouse under this section.
Utah Code § 49-13-101 — Utah Code / Title 49 / Chapter 49-13 / § 49-13-101
§ 49-13-101. Title.
Status: in_force

This chapter is known as the "Public Employees' Noncontributory Retirement Act."
Utah Code § 49-15-103 — Utah Code / Title 49 / Chapter 49-15 / § 49-15-103
§ 49-15-103. Creation of system.
Status: in_force

There is created for members performing public safety service and who are employed by a participating employer the "Public Safety Noncontributory Retirement System."
Utah Code § 49-18-403 — Utah Code / Title 49 / Chapter 49-18 / § 49-18-403
§ 49-18-403. Annual cost-of-living adjustment.
Status: in_force

(1) The office shall make an annual cost-of-living adjustment to: (a) an allowance paid under Section 49-18-402 and Part 5, Death Benefit, of this chapter if the benefit has been paid for at least one year; and (b) a payment made to an alternate payee under a domestic relations order, if the payment is to be paid as a percentage of the allowance rather than a specific dollar amount. (2) (a) The allowance shall be increased by the annual increase in the Consumer Price Index up to a maximum of 4%. (b) Annual increases in the Consumer Price Index in excess of 4% shall be accumulated and used in subsequent adjustments when the increase in the Consumer Price Index is less than 4%. (3) The Consumer Price Index used in calculating adjustments shall be a United States Bureau of Labor Statistics Consumer Price Index average as determined by the board. (4) The cost-of-living adjustment made under this section may not decrease the allowance.
Utah Code § 49-14-203 — Utah Code / Title 49 / Chapter 49-14 / § 49-14-203
§ 49-14-203. Exemption of certain employees from coverage.
Status: in_force

(1) A public safety service employee is excluded from coverage under this system if the employee: (a) is serving: (i) as the Commissioner of Public Safety; (ii) as the executive director of the Department of Corrections; or (iii) as the elected or appointed sheriff or chief of police of a public safety organization; and (b) files a formal written request seeking the exemption. (2) Except as provided in Subsection (3), the public safety service employee may not continue employment with the same participating employer and receive an allowance from the office based on public safety service at the same time. (3) (a) The Commissioner of Public Safety or an elected sheriff who is eligible to retire under Section 49-14-401 may until July 1, 2010: (i) retire from this system and receive an allowance; (ii) continue in the elected or appointed position; and (iii) file for the exemption under Subsection (1). (b) A person who makes an election under Subsection (3)(a) may continue under the terms of the election. (4) An employee's exclusion, exemption, participation, or election described in this section: (a) shall be made in accordance with this section; and (b) is subject to requirements under federal law and rules made by the board.
Utah Code § 49-20-403 — Utah Code / Title 49 / Chapter 49-20 / § 49-20-403
§ 49-20-403. Assistance to members in purchase of life, health, dental, and medical insurance after retirement -- Employment of personnel to administer section.
Status: in_force

(1) The program may assist active and retired covered individuals and inactive covered individuals of the covered employers to purchase life, health, dental, and medical coverage on a group basis which can be continued after retirement under rules adopted by the board. (2) The executive director may employ any personnel, including consultants, to administer this section.
Utah Code § 49-11-406 — Utah Code / Title 49 / Chapter 49-11 / § 49-11-406
§ 49-11-406. Governor's appointed executives and senior staff -- Appointed legislative employees -- Transfer of value of accrued defined benefit -- Procedures.
Status: in_force

7/1/2026 (1) As used in this section: (a) "Defined benefit balance" means the total amount of the contributions made on behalf of a member to a defined benefit system plus refund interest. (b) "Senior staff" means an at-will employee who reports directly to an elected official, executive director, or director and includes a deputy director and other similar, at-will employee positions designated by the governor, the speaker of the House of Representatives, or the president of the Senate and filed with the Division of Human Resource Management and the Utah State Retirement Office. (2) In accordance with this section and subject to requirements under federal law and rules made by the board, a member who has service credit from a system may elect to be exempt from coverage under a defined benefit system and to have the member's defined benefit balance transferred from the defined benefit system or plan to a defined contribution plan in the member's own name if the member is: (a) the state auditor; (b) the state treasurer; (c) an appointed executive under Subsection 67-22-2(1)(a); (d) an employee in the Office of the Governor; (e) senior staff in the Governor's Office of Planning and Budget; (f) senior staff in the Governor's Office of Economic Development; (g) senior staff in the Department of Criminal Justice; (h) senior staff in the Public Lands Policy Coordinating Office, created in Section 63L-11-201; (i) a legislative employee appointed under Subsection 36-12-7(3); (j) a legislative employee appointed by the speaker of the House of Representatives, the House of Representatives minority leader, the president of the Senate, or the Senate minority leader; (k) the attorney general; or (l) an at-will employee who reports directly to: (i) the attorney general; or (ii) an employee who reports directly to the attorney general. (3) An election made under Subsection (2): (a) is final, and no right exists to make any further election; (b) is considered a request to be exempt from coverage under a defined benefits system; and (c) shall be made on forms provided by the office. (4) The board shall make rules to implement and administer this section.7/1/2026 (1) As used in this section: (a) "Defined benefit balance" means the total amount of the contributions made on behalf of a member to a defined benefit system plus refund interest. (b) "Senior staff" means an at-will employee who reports directly to an elected official, executive director, or director and includes a deputy director and other similar, at-will employee positions designated by the governor, the speaker of the House of Representatives, or the president of the Senate and filed with the Division of Human Resource Management and the Utah State Retirement Office. (2) In accordance with this section and subject to requirements under federal law and rules made by the board, a member who has service credit from a system may elect to be exempt from coverage under a defined benefit system and to have the member's defined benefit balance transferred from the defined benefit system or plan to a defined contribution plan in the member's own name if the member is: (a) the state auditor; (b) the state treasurer; (c) an appointed executive under Subsection 67-22-2(1)(a); (d) an employee in the Office of the Governor; (e) senior staff in the Governor's Office of Planning and Budget; (f) senior staff in the Governor's Office of Economic Development; (g) senior staff in the Department of Criminal Justice; (h) senior staff in the Public Lands Policy Coordinating Office, created in Section 63L-11-201; (i) a legislative employee appointed under Subsection 36-12-7(3); (j) a legislative employee appointed by the speaker of the House of Representatives, the House of Representatives minority leader, the president of the Senate, or the Senate minority leader; (k) the attorney general; or (l) an at-will employee who reports directly to: (i) the attorney general; or (ii) an employee who reports directly to the attorney general. (3) An election made under Subsection (2): (a) is final, and no right exists to make any further election; (b) is considered a request to be exempt from coverage under a defined benefits system; and (c) shall be made on forms provided by the office. (4) The board shall make rules to implement and administer this section.
Utah Code § 49-16-203 — Utah Code / Title 49 / Chapter 49-16 / § 49-16-203
§ 49-16-203. Exemption of certain employees from coverage -- Exception.
Status: in_force

(1) A firefighter service employee serving as the chief of any fire department or district is excluded from coverage under this system if that firefighter service employee files a formal written request seeking exemption. (2) The chief of any fire department or district who retires from that position shall comply with the provisions of Section 49-11-504 and Chapter 11, Part 12, Postretirement Reemployment Restrictions Act, upon reemployment by the participating employer. (3) An employee's exclusion, exemption, participation, or election described in this section: (a) shall be made in accordance with this section; and (b) is subject to requirements under federal law and rules made by the board.
Utah Code § 49-12-203 — Utah Code / Title 49 / Chapter 49-12 / § 49-12-203
§ 49-12-203. Exclusions from membership in system.
Status: in_force

7/1/2026 (1) The following employees are not eligible for service credit in this system: (a) subject to the requirements of Subsection (2), an employee whose employment status is temporary in nature due to the nature or the type of work to be performed; (b) except as provided under Subsection (3)(a), an employee of an institution of higher education who participates in a retirement system with a public or private retirement system, organization, or company designated by the Utah Board of Higher Education, or the technical college board of trustees for an employee of each technical college, during any period in which required contributions based on compensation have been paid on behalf of the employee by the employer; (c) an employee serving as an exchange employee from outside the state for an employer who has not elected to make all of the employer's exchange employees eligible for service credit in this system; (d) an executive department head of the state, a member of the State Tax Commission, the Public Service Commission, and a member of a full-time or part-time board or commission who files a formal request for exemption; (e) an employee of the Department of Workforce Services who is covered under another retirement system allowed under Title 35A, Chapter 4, Employment Security Act; (f) an employee who is employed on or after July 1, 2009, with an employer that has elected, before July 1, 2009, to be excluded from participation in this system under Subsection 49-12-202(2)(c); (g) an employee who is employed on or after July 1, 2014, with an employer that has elected, before July 1, 2014, to be excluded from participation in this system under Subsection 49-12-202(2)(d); (h) an employee who is employed with a withdrawing entity that has elected under Section 49-11-623, before January 1, 2017, to exclude: (i) new employees from participation in this system under Subsection 49-11-623(3)(a); or (ii) all employees from participation in this system under Subsection 49-11-623(3)(b); (i) an employee described in Subsection (1)(i)(i) or (ii) who is employed with a withdrawing entity that has elected under Section 49-11-624, before January 1, 2018, to exclude: (i) new employees from participation in this system under Subsection 49-11-624(3)(a); or (ii) all employees from participation in this system under Subsection 49-11-624(3)(b); (j) an employee who is employed with a withdrawing entity that has elected under Section 49-11-625, before July 1, 2022, to exclude all employees from participation in this system; or (k) an employee who is employed with a withdrawing entity that elects under Section 49-11-626 to exclude: (i) new employees from participation in this system under Subsection 49-11-626(3)(a); or (ii) all employees from participation in this system under Subsection 49-11-626(3)(b). (2) If an employee whose status is temporary in nature due to the nature of type of work to be performed: (a) is employed for a term that exceeds six months and the employee otherwise qualifies for service credit in this system, the participating employer shall report and certify to the office that the employee is a regular full-time employee effective the beginning of the seventh month of employment; or (b) was previously terminated before being eligible for service credit in this system and is reemployed within three months of termination by the same participating employer, the participating employer shall report and certify that the member is a regular full-time employee when the total of the periods of employment equals six months and the employee otherwise qualifies for service credits in this system. (3) (a) Upon cessation of the participating employer contributions, an employee under Subsection (1)(b) is eligible for service credit in this system. (b) Notwithstanding the provisions of Subsection (1)(f), any eligibility for service credit earned by an employee under this chapter before July 1, 2009, is not affected under Subsection (1)(f). (c) Notwithstanding the provisions of Subsection (1)(g), any eligibility for service credit earned by an employee under this chapter before July 1, 2014, is not affected under Subsection (1)(g). (4) Upon filing a written request for exemption with the office, the following employees shall be exempt from coverage under this system: (a) a full-time student or the spouse of a full-time student and individuals employed in a trainee relationship; (b) an elected official; (c) an executive department head of the state, a member of the State Tax Commission, a member of the Public Service Commission, and a member of a full-time or part-time board or commission; (d) an employee of the Governor's Office of Planning and Budget; (e) an employee of the Governor's Office of Economic Development; (f) an employee of the Department of Criminal Justice; (g) an employee of the Office of the Governor; (h) an employee of the Public Lands Policy Coordinating Office, created in Section 63L-11-201; (i) an employee of the Office of the State Auditor; (j) an employee of the Office of the State Treasurer; (k) any other member who is permitted to make an election under Section 49-11-406; (l) a person appointed as a city manager or chief city administrator or another person employed by a municipality, county, or other political subdivision, who is an at-will employee; (m) an employee of an interlocal cooperative agency created under Title 11, Chapter 13, Interlocal Cooperation Act, who is engaged in a specialized trade customarily provided through membership in a labor organization that provides retirement benefits to the organization's members; (n) an employee serving as an exchange employee from outside the state for an employer who has elected to make all of the employer's exchange employees eligible for service credit in this system; (o) the adjutant general of the Utah National Guard appointed under Section 39A-1-201 and each individual listed in Subsection 39A-1-203(1); and (p) an at-will employee who reports directly to: (i) the attorney general; or (ii) an employee who reports directly to the attorney general. (5) (a) Each participating employer shall prepare and maintain a list designating those positions eligible for exemption under Subsection (4). (b) An employee may not be exempted unless the employee is employed in an exempted position designated by the participating employer. (6) (a) In accordance with this section, Section 49-13-203, and Section 49-22-205, a municipality, county, or political subdivision may not exempt a total of more than 50 positions or a number equal to 10% of the eligible employees of the municipality, county, or political subdivision, whichever is less. (b) A municipality, county, or political subdivision may exempt at least one regular full-time employee. (7) Each participating employer shall: (a) maintain a list of employee exemptions; and (b) update the employee exemptions in the event of any change. (8) The office may make rules to implement this section. (9) An employee's exclusion, exemption, participation, or election described in this section: (a) shall be made in accordance with this section; and (b) is subject to requirements under federal law and rules made by the board.7/1/2026 (1) The following employees are not eligible for service credit in this system: (a) subject to the requirements of Subsection (2), an employee whose employment status is temporary in nature due to the nature or the type of work to be performed; (b) except as provided under Subsection (3)(a), an employee of an institution of higher education who participates in a retirement system with a public or private retirement system, organization, or company designated by the Utah Board of Higher Education, or the technical college board of trustees for an employee of each technical college, during any period in which required contributions based on compensation have been paid on behalf of the employee by the employer; (c) an employee serving as an exchange employee from outside the state for an employer who has not elected to make all of the employer's exchange employees eligible for service credit in this system; (d) an executive department head of the state, a member of the State Tax Commission, the Public Service Commission, and a member of a full-time or part-time board or commission who files a formal request for exemption; (e) an employee of the Department of Workforce Services who is covered under another retirement system allowed under Title 35A, Chapter 4, Employment Security Act; (f) an employee who is employed on or after July 1, 2009, with an employer that has elected, before July 1, 2009, to be excluded from participation in this system under Subsection 49-12-202(2)(c); (g) an employee who is employed on or after July 1, 2014, with an employer that has elected, before July 1, 2014, to be excluded from participation in this system under Subsection 49-12-202(2)(d); (h) an employee who is employed with a withdrawing entity that has elected under Section 49-11-623, before January 1, 2017, to exclude: (i) new employees from participation in this system under Subsection 49-11-623(3)(a); or (ii) all employees from participation in this system under Subsection 49-11-623(3)(b); (i) an employee described in Subsection (1)(i)(i) or (ii) who is employed with a withdrawing entity that has elected under Section 49-11-624, before January 1, 2018, to exclude: (i) new employees from participation in this system under Subsection 49-11-624(3)(a); or (ii) all employees from participation in this system under Subsection 49-11-624(3)(b); (j) an employee who is employed with a withdrawing entity that has elected under Section 49-11-625, before July 1, 2022, to exclude all employees from participation in this system; or (k) an employee who is employed with a withdrawing entity that elects under Section 49-11-626 to exclude: (i) new employees from participation in this system under Subsection 49-11-626(3)(a); or (ii) all employees from participation in this system under Subsection 49-11-626(3)(b). (2) If an employee whose status is temporary in nature due to the nature of type of work to be performed: (a) is employed for a term that exceeds six months and the employee otherwise qualifies for service credit in this system, the participating employer shall report and certify to the office that the employee is a regular full-time employee effective the beginning of the seventh month of employment; or (b) was previously terminated before being eligible for service credit in this system and is reemployed within three months of termination by the same participating employer, the participating employer shall report and certify that the member is a regular full-time employee when the total of the periods of employment equals six months and the employee otherwise qualifies for service credits in this system. (3) (a) Upon cessation of the participating employer contributions, an employee under Subsection (1)(b) is eligible for service credit in this system. (b) Notwithstanding the provisions of Subsection (1)(f), any eligibility for service credit earned by an employee under this chapter before July 1, 2009, is not affected under Subsection (1)(f). (c) Notwithstanding the provisions of Subsection (1)(g), any eligibility for service credit earned by an employee under this chapter before July 1, 2014, is not affected under Subsection (1)(g). (4) Upon filing a written request for exemption with the office, the following employees shall be exempt from coverage under this system: (a) a full-time student or the spouse of a full-time student and individuals employed in a trainee relationship; (b) an elected official; (c) an executive department head of the state, a member of the State Tax Commission, a member of the Public Service Commission, and a member of a full-time or part-time board or commission; (d) an employee of the Governor's Office of Planning and Budget; (e) an employee of the Governor's Office of Economic Development; (f) an employee of the Department of Criminal Justice; (g) an employee of the Office of the Governor; (h) an employee of the Public Lands Policy Coordinating Office, created in Section 63L-11-201; (i) an employee of the Office of the State Auditor; (j) an employee of the Office of the State Treasurer; (k) any other member who is permitted to make an election under Section 49-11-406; (l) a person appointed as a city manager or chief city administrator or another person employed by a municipality, county, or other political subdivision, who is an at-will employee; (m) an employee of an interlocal cooperative agency created under Title 11, Chapter 13, Interlocal Cooperation Act, who is engaged in a specialized trade customarily provided through membership in a labor organization that provides retirement benefits to the organization's members; (n) an employee serving as an exchange employee from outside the state for an employer who has elected to make all of the employer's exchange employees eligible for service credit in this system; (o) the adjutant general of the Utah National Guard appointed under Section 39A-1-201 and each individual listed in Subsection 39A-1-203(1); and (p) an at-will employee who reports directly to: (i) the attorney general; or (ii) an employee who reports directly to the attorney general. (5) (a) Each participating employer shall prepare and maintain a list designating those positions eligible for exemption under Subsection (4). (b) An employee may not be exempted unless the employee is employed in an exempted position designated by the participating employer. (6) (a) In accordance with this section, Section 49-13-203, and Section 49-22-205, a municipality, county, or political subdivision may not exempt a total of more than 50 positions or a number equal to 10% of the eligible employees of the municipality, county, or political subdivision, whichever is less. (b) A municipality, county, or political subdivision may exempt at least one regular full-time employee. (7) Each participating employer shall: (a) maintain a list of employee exemptions; and (b) update the employee exemptions in the event of any change. (8) The office may make rules to implement this section. (9) An employee's exclusion, exemption, participation, or election described in this section: (a) shall be made in accordance with this section; and (b) is subject to requirements under federal law and rules made by the board.
Utah Code § 49-21-104 — Utah Code / Title 49 / Chapter 49-21 / § 49-21-104
§ 49-21-104. Creation of trust fund.
Status: in_force

(1) There is created the "Public Employees' Long-Term Disability Trust Fund" for the purpose of paying the benefits and costs of administering this program. (2) The fund shall consist of all money and interest paid into it in accordance with this chapter, whether in the form of cash, securities, or other assets, and of all money received from any other source. (3) Custody, management, and investment of the fund shall be governed by Chapter 11, Utah State Retirement Systems Administration.
Utah Code § 49-15-502 — Utah Code / Title 49 / Chapter 49-15 / § 49-15-502
§ 49-15-502. Death of active member in Division B -- Payment of benefits.
Status: in_force

(1) If an active member of this system enrolled in Division B under Section 49-15-301 dies, benefits are payable as follows: (a) If the death is classified by the office as a line-of-duty death, the surviving spouse shall receive: (i) a lump sum equal to six months of the active member's final average salary; and (ii) (A) an allowance equal to 37.5% of the member's final average monthly salary; or (B) if the member has accrued 20 or more years of public safety service credit, the greater of: (I) an allowance equal to 37.5% of the member's final average monthly salary; or (II) the death benefit payable to a surviving spouse under Section 49-15-504. (b) If the death is not classified by the office as a line-of-duty death, and the member has accrued two or more years of public safety service credit at the time of death, the death is considered line-of-duty and the surviving spouse shall receive: (i) a lump sum of $1,500; and (ii) an allowance as provided under Subsection (1)(a)(ii). (c) If the death is not classified by the office as a line-of-duty death, and the member has accrued less than two years of public safety service credit at the time of death, the surviving spouse shall receive a refund of the member's member contributions, plus 50% of the member's most recent 12 months' compensation. (d) (i) If the member has accrued two or more years of public safety service credit at the time of death, each of the member's unmarried children to age 18 or dependent unmarried children with a mental or physical disability shall receive an allowance of $50. (ii) Payments shall be made to the surviving parent or to a duly appointed guardian, or as otherwise provided under Section 49-11-609 or 49-11-610. (2) If the member dies and there is no surviving spouse, any amounts that would have been the surviving spouse's benefit shall be prorated and paid to each of the member's unmarried children to age 18. (3) If a benefit is not distributed under Subsection (1) or (2), and the member has designated a beneficiary, the member's member contributions shall be paid to the beneficiary. (4) The combined payments to beneficiaries of any member under this section may not exceed 75% of the member's final average monthly salary. (5) (a) A surviving spouse who requests a benefit under this section shall apply in writing to the office. (b) The allowance shall begin on the first day of the month: (i) following the month in which the member died, if the application is received by the office within 90 days of the member's death; or (ii) following the month in which the application is received by the office, if the application is received by the office more than 90 days after the member's death.
Utah Code § 49-15-402 — Utah Code / Title 49 / Chapter 49-15 / § 49-15-402
§ 49-15-402. Calculation of retirement benefit.
Status: in_force

(1) A retiree under this system shall receive an allowance equal to: (a) 2.5% of final average monthly salary multiplied by the number of years of service credit, limited to 20 years; plus (b) 2% of final average monthly salary, multiplied by the number of years of service credit in excess of 20 years. (2) (a) Except as modified by cost-of-living adjustments and except as provided under Subsection (2)(b), an allowance under this system may not exceed 70% of a retiree's final average monthly salary. (b) The allowance limitation under Subsection (2)(a) does not apply to a member who initially retires on or after July 1, 2010.
Utah Code § 49-22-402 — Utah Code / Title 49 / Chapter 49-22 / § 49-22-402
§ 49-22-402. Defined contribution distributions for members with a disability.
Status: in_force

For a person with a disability who receives contributions under Subsection 49-11-404(4)(b), the member with a disability may begin receiving distributions from the defined contributions made by the participating employer on behalf of the member with a disability when the person would have been eligible to retire if the person was covered by the defined benefit portion of the Tier II hybrid retirement system under Part 3, Tier II Hybrid Retirement System.
Utah Code § 49-12-601 — Utah Code / Title 49 / Chapter 49-12 / § 49-12-601
§ 49-12-601. Disability retirement -- Medical examinations -- Reemployment of retirant with a disability -- Cancellation of benefit -- Service credit -- Retirant with a disability engaging in gainful employment -- Reduction of allowance -- Refusal to submit to medical examination.
Status: in_force

(1) Only members of this system who became eligible for a disability retirement allowance before January 1, 1983, are covered under this section. (2) (a) The board may, upon the recommendation of the administrator, require any retirant who has been retired for disability and who has not attained the age of 60 years, to undergo a medical examination by a physician, physician assistant, or surgeon, appointed by the board, at the place of residence of the retirant or other place mutually agreed upon. (b) Upon the basis of the examination, the board shall determine whether the retirant with a disability is still incapacitated, physically or mentally, for service under this chapter. (c) If the board determines that the retirant is not incapacitated, the retirement allowance shall be cancelled and the retirant shall be reinstated immediately to a position of the same class as that held by the retirant when retired for disability. (d) If any employing unit is unable to reinstate the retirant, the board shall continue the disability retirement allowance of the retirant until employment is available. (3) (a) If a retirant with a disability under this system reenters covered service and is eligible for membership in the retirement system, the retirement allowance shall be cancelled and the retirant shall immediately become a member of the retirement system. (b) (i) The member's individual account shall be credited with an amount which is the actuarial equivalent, at the time of reentry, based on a disabled life, of that portion of the member's retirement allowance which was derived from the member's accumulated contributions. (ii) The amount credited may not exceed the amount of accumulated contributions standing at the time of retirement. (c) Each member shall receive credit for the service in the member's account at the time of retirement. (4) If the retirement allowance of any retirant with a disability is cancelled for any cause other than reentry into service, the retirant shall be paid the accumulated contributions less the amounts prescribed by Subsection (6). (5) (a) If any member retired for disability engages in a gainful occupation prior to attaining age 60, the administrator shall reduce the amount of the retirement allowance to an amount which, when added to the compensation earned monthly by the retirant in that occupation, may not exceed the amount of the final average monthly salary on the basis of which the current service retirement allowance was determined. (b) If the earning capacity of the retirant is further altered, the administrator may further alter the retirement allowance as provided in this Subsection (5). (c) In no event, however, may the retirement benefit be reduced below that portion of the retirant's allowance derived from the retirant's own accumulated contributions. (d) When the retirant reaches age 60, the retirement allowance shall be made equal to the amount upon which the retirant was originally retired and may not again be modified for any cause. (6) (a) If any member who retired for disability under age 60, refuses to submit to a medical examination, the retirement allowance may be discontinued until the retirant withdraws that refusal. (b) If the refusal continues for one year the disability status may be cancelled and membership terminated. (c) (i) The retirant's accumulated contribution account shall be the actuarial equivalent on the date of the retirant's change of status, based on a disabled life, of that portion of the disability retirement allowance which was derived from the retirant's accumulated contributions. (ii) The amount credited may not exceed the amount of the retirant's accumulated contributions at the time of disability retirement.
Utah Code § 49-11-1206 — Utah Code / Title 49 / Chapter 49-11 / § 49-11-1206
§ 49-11-1206. Notice of postretirement reemployment.
Status: in_force

(1) A participating employer shall immediately notify the office: (a) if the participating employer reemploys a retiree; (b) whether the reemployment is subject to Section 49-11-1204 or Subsection 49-11-1205(1), (2), (3), or (5); and (c) of any election by the retiree under Section 49-11-1204. (2) A participating employer shall certify to the office whether the position of an elected official is or is not full time. (3) A retiree subject to this part shall report to the office the status of the reemployment under Section 49-11-1204 or 49-11-1205.
Utah Code § 49-16-501 — Utah Code / Title 49 / Chapter 49-16 / § 49-16-501
§ 49-16-501. Death of active member in Division A -- Payment of benefits.
Status: in_force

(1) If an active member of this system enrolled in Division A under Section 49-16-301 dies, benefits are payable as follows: (a) If the death is classified by the office as a line-of-duty death, benefits are payable as follows: (i) If the member has accrued less than 20 years of firefighter service credit, the surviving spouse shall receive a lump sum equal to six months of the active member's final average salary and an allowance equal to 30% of the member's final average monthly salary. (ii) If the member has accrued 20 or more years of firefighter service credit, the member shall be considered to have retired with an allowance calculated under Section 49-16-402 and the surviving spouse shall receive the death benefit payable to a surviving spouse under Section 49-16-504. (b) If the death is not classified as a line-of-duty death by the office, benefits are payable as follows: (i) If the member has accrued less than 10 years of firefighter service credit, the beneficiary shall receive a sum of $1,000 or a refund of the member's member contributions, whichever is greater. (ii) If the member has accrued 10 or more years of firefighter service credit but less than 20 years of firefighter service credit, the surviving spouse shall receive a sum of $500, plus an allowance equal to 2% of the member's final average monthly salary for each year of service credit accrued by the member up to a maximum of 30% of the member's final average monthly salary. (iii) If the member has accrued 20 or more years of firefighter service credit: (A) the member shall be considered to have retired with an allowance calculated under Section 49-16-402; and (B) the surviving spouse shall receive the death benefit payable to a surviving spouse under Section 49-16-504. (2) (a) If the member dies without a surviving spouse, the surviving spouse's allowance shall be equally divided and paid to each unmarried child until the child reaches age 21. (b) The payment shall be made to a duly appointed guardian or as provided under Sections 49-11-609 and 49-11-610. (3) If the benefit is not distributed under this section, and the member has designated a beneficiary, the member's member contributions shall be paid to the beneficiary. (4) (a) A surviving spouse who requests a benefit under this section shall apply in writing to the office. (b) The allowance shall begin on the first day of the month: (i) following the month in which the member died, if the application is received by the office within 90 days of the member's death; or (ii) following the month in which the application is received by the office, if the application is received by the office more than 90 days after the member's death.
Utah Code § 49-23-305 — Utah Code / Title 49 / Chapter 49-23 / § 49-23-305
§ 49-23-305. Allowance payable by lump-sum payment.
Status: in_force

(1) If a retiree's allowance, as computed under this chapter, amounts to $25 or less, the allowance may be settled by the office by making a lump-sum payment of an amount actuarially equivalent to the allowance. (2) A payment made under this section constitutes a full and complete settlement of the retiree's claim against this system.
Utah Code § 49-11-609 — Utah Code / Title 49 / Chapter 49-11 / § 49-11-609
§ 49-11-609. Beneficiary designations -- Revocation of beneficiary designation -- Procedure -- Beneficiary not designated -- Payment to survivors in order established under the Uniform Probate Code -- Restrictions on payment -- Payment of deceased's expenses.
Status: in_force

(1) As used in this section, "member" includes a member, retiree, participant, covered individual, eligible employee as defined in Section 49-21-102, a spouse of a retiree participating in the insurance benefits created by Sections 49-12-404, 49-13-404, 49-22-307, and 49-23-306, or an alternate payee under a domestic relations order dividing a defined contribution account. (2) (a) Except as provided under Subsection (2)(b) or (c), the most recent beneficiary designations signed by the member and filed with the office, including electronic records, at the time of the member's death are binding in the payment of any benefits due under this title. (b) (i) The divorce or annulment of a member's marriage shall revoke the member's former spouse as a beneficiary from any of the member's beneficiary designations. (ii) A revocation of a former spouse as a beneficiary in accordance with Subsection (2)(b)(i) does not revoke any other beneficiaries named on the member's beneficiary designations. (c) A former spouse whose beneficiary designation is revoked solely under Subsection (2)(b) shall be revived on the member's beneficiary designations by: (i) the member's remarriage to the former spouse; or (ii) a nullification of the divorce or annulment. (d) A revocation under Subsection (2)(b) does not apply to a former spouse named as a beneficiary in a beneficiary designation signed by the member and filed with the office after the date of the divorce or annulment. (e) The office is not liable for having made a payment of any benefits to a beneficiary designated in a beneficiary designation affected by a divorce, annulment, or remarriage before the office received written notice of the divorce, annulment, or remarriage. (3) (a) Except where an optional continuing benefit is chosen, or the law makes a specific benefit designation to a dependent spouse, a member may revoke a beneficiary designation at any time and may execute and file a different beneficiary designation with the office. (b) A beneficiary designation or change of beneficiary designation shall be completed on forms provided by the office. (4) (a) All benefits payable by the office may be paid or applied to the benefit of the decedent's heirs in the order of precedence established under Title 75, Chapter 2, Intestate Succession and Wills, if: (i) no beneficiary is designated or if all designated beneficiaries have predeceased the member; (ii) the location of the beneficiary or secondary beneficiaries cannot be ascertained by the office within 12 months of the date a reasonable attempt is made by the office to locate the beneficiaries; or (iii) the beneficiary has not completed the forms necessary to pay the benefits within six months of the date that beneficiary forms are sent to the beneficiary's last-known address. (b) (i) A payment may not be made to a person included in any of the groups referred to in Subsection (4)(a) if at the date of payment there is a living person in any of the groups preceding it. (ii) Payment to a person in any group may be based upon receipt of an affidavit in a form satisfactory to the office that: (A) there are no living individuals in the group preceding it; (B) the probate of the estate of the deceased has not been commenced; and (C) more than 30 days have elapsed since the date of death of the decedent. (5) Benefits paid under this section shall be: (a) a full satisfaction and discharge of all claims for benefits under this title; and (b) payable by reason of the death of the decedent.
Utah Code § 49-20-406 — Utah Code / Title 49 / Chapter 49-20 / § 49-20-406
§ 49-20-406. Insurance benefits for employees' beneficiaries.
Status: in_force

(1) As used in this section: (a) "Children" includes stepchildren and legally adopted children. (b) (i) "Line-of-duty death" means a death resulting from: (A) external force or violence occasioned by an act of duty as an employee; or (B) strenuous activity, including a heart attack or stroke, that occurs during strenuous training or another strenuous activity required as an act of duty as an employee. (ii) "Line-of-duty death" does not include a death that: (A) occurs during an activity that is required as an act of duty as an employee if the activity is not a strenuous activity, including an activity that is clerical, administrative, or of a nonmanual nature contributes to the employee's death; (B) occurs during the commission of a crime committed by the employee; (C) the employee's intoxication or use of alcohol or drugs, whether prescribed or nonprescribed, contributes to the employee's death; or (D) occurs in a manner other than as described in Subsection (1)(b)(i). (c) (i) "Strenuous activity" means engagement involving a difficult, stressful, or vigorous fire suppression, rescue, hazardous material response, emergency medical service, physical law enforcement, prison security, disaster relief, or other emergency response activity. (ii) "Strenuous activity" includes participating in a participating employer sanctioned and funded training exercise that involves difficult, stressful, or vigorous physical activity. (2) The beneficiary of a covered individual who is employed by the state and who has a line-of-duty death shall receive: (a) the proceeds of a $50,000 group term life insurance policy paid for by the state and administered and provided as part of the group life insurance program under this chapter; and (b) group health, dental, and vision coverage paid for by the state that covers the covered individual's: (i) surviving spouse until becoming eligible for Medicare as long as the surviving spouse continues coverage with the program; and (ii) unmarried children up to the age of 26. (3) A covered employer not required to provide the benefits under Subsection (2) may provide any of the benefits described in Subsection (2) by paying rates established by the program. (4) The benefit provided under Subsection (2)(a) is subject to the same terms and conditions as the group life insurance program provided under this chapter.
Utah Code § 49-11-606 — Utah Code / Title 49 / Chapter 49-11 / § 49-11-606
§ 49-11-606. Full participation.
Status: in_force

Except as provided in Sections 49-12-203, 49-12-204, 49-13-203, 49-13-204, 49-14-203, and 49-15-203, participating employers shall cover all employees eligible for service credit under this title.
Utah Code § 49-11-1202 — Utah Code / Title 49 / Chapter 49-11 / § 49-11-1202
§ 49-11-1202. Definitions.
Status: in_force

As used in this part: (1) (a) "Affiliated emergency services worker" means an individual who: (i) is employed by a participating employer; (ii) performs emergency services for another participating employer that is a different agency; (iii) is trained in techniques and skills required for the emergency service; (iv) continues to receive regular training required for the service; (v) is on the rolls as a trained affiliated emergency services worker of the participating employer; and (vi) provides ongoing service for a participating employer, which service may include service as a volunteer firefighter, reserve law enforcement officer, search and rescue worker, emergency medical technician, ambulance worker, park ranger, or public utilities worker. (b) "Affiliated emergency services worker" does not include an individual who performs work or service but does not meet the requirements of Subsection (1)(a). (2) "Amortization rate" means the amortization rate, as defined in Section 49-11-102, to be applied to the system that would have covered the retiree if the retiree's reemployed position were deemed to be an eligible, full-time position within that system. (3) "Normal cost rate" means the normal cost rate, as defined in Section 49-11-102, to be applied to the system that would have covered the retiree if the retiree's reemployed position were deemed to be an eligible, full-time position within that system. (4) "Part-time appointed or elected board member" means an individual who: (a) serves in a position: (i) as a member of a board, commission, council, committee, panel, or other body of a participating employer; and (ii) that is designated in the participating employer's governing statute, charter, creation document, or similar document; (b) is appointed or elected to the position for a definite and fixed term of office by official and duly recorded action of the participating employer; (c) except for the service in the position, does not perform other work or service for compensation for the participating employer, whether as an employee or under a contract; and (d) retires from a participating employer that is different than the participating employer with the position in which the person serves. (5) "Public employee retiree" means a retiree who retires under: (a) Chapter 12, Public Employees' Contributory Retirement Act; (b) Chapter 13, Public Employees' Noncontributory Retirement Act; or (c) Chapter 22, Part 3, Tier II Hybrid Retirement System. (6) "Public safety or firefighter retiree" means a retiree who retires under: (a) Chapter 14, Public Safety Contributory Retirement Act; (b) Chapter 15, Public Safety Noncontributory Retirement Act; (c) Chapter 16, Firefighters' Retirement Act; or (d) Chapter 23, Part 3, Tier II Hybrid Retirement System. (7) (a) "Reemployed," "reemploy," or "reemployment" means work or service performed for a participating employer after retirement, in exchange for compensation. (b) "Reemployed," "reemploy," or "reemployment" includes work or service performed on a contract for a participating employer if the retiree is: (i) listed as the contractor; or (ii) an owner, partner, or principal of the contractor. (8) (a) "Retiree"means an individual who: (i) retired from a participating employer; and (ii) begins reemployment on or after July 1, 2010, with a participating employer. (b) "Retiree" does not include an individual: (i) (A) who was reemployed by a participating employer before July 1, 2010; and (B) whose participating employer that reemployed the individual under Subsection (8)(b)(i)(A) was dissolved, consolidated, merged, or structurally changed in accordance with Section 49-11-621 on or after July 1, 2010; or (ii) who is working under a phased retirement agreement in accordance with Chapter 11, Part 13, Phased Retirement.
Utah Code § 49-12-201 — Utah Code / Title 49 / Chapter 49-12 / § 49-12-201
§ 49-12-201. System membership -- Eligibility.
Status: in_force

(1) A regular full-time employee of a participating employer is eligible for service credit in this system upon the later of: (a) the date on which the participating employer began participating in this system; or (b) the effective date of employment of the regular full-time employee with the participating employer. (2) Beginning July 1, 1986, a person entering employment with the state and its educational institutions may not participate in this system. (3) Notwithstanding the provisions of Subsection (1), a person initially entering employment with a participating employer on or after July 1, 2011, who does not have service credit accrued before July 1, 2011, in a Tier I system or plan administered by the board, may not participate in this system.
Utah Code § 49-15-204 — Utah Code / Title 49 / Chapter 49-15 / § 49-15-204
§ 49-15-204. Conversion to system -- Time schedule.
Status: in_force

The following laws govern conversion to the Public Safety Noncontributory Retirement System: (1) For an employee governed by Subsection 49-15-201(1)(a), the election to participate in this system shall be made within six months of July 1, 1989. (2) (a) (i) For an employer governed by Subsection 49-15-201(2)(a), the election to participate in this system shall be made within six months of July 1, 1989. (ii) The employer shall indicate whether or not it elects to participate by enacting a resolution or ordinance to that effect. (iii) Prior to the enactment of the resolution or ordinance, a hearing shall be held by the employer, at which all public safety service employees of the employer shall be given an opportunity to be heard on the question of participating in this system. (iv) Notice of the hearing shall be mailed to all public safety service employees within 30 days of the hearing and shall contain the time, place, and purpose of the hearing. (b) A public safety service employee of an employer, prior to its election to participate, has six months from the date the employer elects to participate in which to elect to become eligible for service credit in this system. (3) (a) Subsections (1) and (2) shall be used to provide a time period of conversion to the Public Safety Noncontributory Retirement System beginning July 1, 1998, and ending December 31, 1998. (b) A person converting to the system during this time period is subject to all the rights, limitations, terms, and conditions of Chapter 15, Public Safety Noncontributory Retirement Act. (4) Subsections (1) and (2) shall be used to provide a time period for an appointed chief of police to convert to the Public Safety Noncontributory Retirement System beginning July 1, 2002, and ending December 31, 2002. A chief of police converting to the system during this time period shall be subject to all the rights, limitations, terms, and conditions of Chapter 15, Public Safety Noncontributory Retirement Act, including an employer's election under Subsection (2). (5) (a) Subsections (1) and (2) shall be used to provide a time period of conversion to the Public Safety Noncontributory Retirement System beginning July 1, 2007, and ending December 31, 2007. (b) A person converting to the system during this time period is subject to all the rights, limitations, terms, and conditions of Chapter 15, Public Safety Noncontributory Retirement Act. (6) (a) Subsections (1) and (2) shall be used to provide a time period of conversion to the Public Safety Noncontributory Retirement System beginning July 1, 2014, and ending December 31, 2014. (b) A person converting to the system during this time period is subject to all the rights, limitations, terms, and conditions of Chapter 15, Public Safety Noncontributory Retirement Act.
Utah Code § 49-12-202 — Utah Code / Title 49 / Chapter 49-12 / § 49-12-202
§ 49-12-202. Participation of employers -- Limitations -- Exclusions -- Admission requirements -- Exceptions -- Nondiscrimination requirements.
Status: in_force

(1) (a) Unless excluded under Subsection (2), an employer is a participating employer and may not withdraw from participation in this system. (b) In addition to participation in this system, a participating employer may provide or participate in public or private retirement, supplemental or defined contribution plan, either directly or indirectly, for the participating employer's employees. (2) The following employers may be excluded from participation in this system: (a) an employer not initially admitted or included as a participating employer in this system prior to January 1, 1982, if: (i) the employer elects not to provide or participate in any type of private or public retirement, supplemental or defined contribution plan, either directly or indirectly, for the employer's employees, except for Social Security; or (ii) the employer offers another collectively bargained retirement benefit and has continued to do so on an uninterrupted basis since that date; (b) an employer that is a charter school authorized under Title 53G, Chapter 5, Part 3, Charter School Authorization, and does not elect to participate in accordance with Section 53G-5-407; (c) an employer that is a hospital created as a special service district under Title 17D, Chapter 1, Special Service District Act, that makes an election of nonparticipation in accordance with Subsection (4); or (d) an employer that is licensed as a nursing care facility under Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and Inspection, and created as a special service district under Title 17D, Chapter 1, Special Service District Act, in a rural area of the state that makes an election of nonparticipation in accordance with Subsection (4). (3) An employer who did not become a participating employer in this system prior to July 1, 1986, may not participate in this system. (4) (a) (i) Until June 30, 2009, a employer that is a hospital created as a special service district under Title 17D, Chapter 1, Special Service District Act, may make an election of nonparticipation as an employer for retirement programs under this chapter. (ii) Until June 30, 2014, an employer that is licensed as a nursing care facility under Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and Inspection, and created as a special service district under Title 17D, Chapter 1, Special Service District Act, in a rural area of the state may make an election of nonparticipation as an employer for retirement programs under this chapter. (b) An election provided under Subsection (4)(a): (i) is a one-time election made no later than the time specified under Subsection (4)(a); (ii) shall be documented by a resolution adopted by the governing body of the special service district; (iii) is irrevocable; and (iv) applies to the special service district as the employer and to all employees of the special service district. (c) The governing body of the special service district may offer employee benefit plans for special service district's employees: (i) under Title 49, Chapter 20, Public Employees' Benefit and Insurance Program Act; or (ii) under any other program. (5) (a) If a participating employer purchases service credit on behalf of a regular full-time employee for service rendered prior to the participating employer's admission to this system, the participating employer shall: (i) purchase service credit in a nondiscriminatory manner on behalf of all current and former regular full-time employees who were eligible for service credit at the time service was rendered; and (ii) comply with the provisions of Section 49-11-403, except for the requirement described in Subsection 49-11-403(2)(a). (b) For a purchase made under this Subsection (5), an employee is not required to: (i) have at least four years of service credit before the purchase can be made; or (ii) forfeit service credit or any defined contribution balance based on the employer contributions under any other retirement system or plan based on the period of employment for which service credit is being purchased.
Utah Code § 49-11-1307 — Utah Code / Title 49 / Chapter 49-11 / § 49-11-1307
§ 49-11-1307. Phased retirement -- Adjustments or termination.
Status: in_force

(1) The Legislature may make adjustments to or terminate the phased retirement option created under this part, including: (a) amending phased retirement eligibility, restrictions, scope, or duration provisions; (b) closing phased retirement to additional retirees; or (c) terminating phased retirement for all participating retirees. (2) A participating employer and retiree enter into a phased retirement agreement subject to the adjustments or termination reserved in this section.
Utah Code § 49-15-505 — Utah Code / Title 49 / Chapter 49-15 / § 49-15-505
§ 49-15-505. Benefits for surviving spouse under Division A or Division B.
Status: in_force

The surviving spouse, if eligible, shall receive a benefit computed under either Division A or Division B, whichever provides the larger benefit, but may not receive a benefit under both divisions if it would result in a duplicate benefit.
Utah Code § 49-18-402 — Utah Code / Title 49 / Chapter 49-18 / § 49-18-402
§ 49-18-402. Calculation of retirement allowance.
Status: in_force

(1) A retiree under this system shall receive an allowance equal to: (a) 5% of the final average monthly salary multiplied by the number of years of service credit, limited to 10 years; plus (b) 2.25% of the final average monthly salary multiplied by the number of years of service credit in excess of 10 years and up to and including 20 years; plus (c) 1% of the final average monthly salary multiplied by the number of years of service credit in excess of 20 years. (2) (a) Except as modified by cost-of-living adjustments and except as provided under Subsection (2)(b), an allowance under this system may not exceed 75% of the member's final average monthly salary. (b) The allowance limitation under Subsection (2)(a) does not apply to a member who initially retires on or after July 1, 2010. (3) If the retiree has attained the age of 55 years and has 20 years or more but less than 25 years of service credit, the retiree shall receive an early retirement reduction to the allowance based on an actuarial calculation assuming a normal retirement age of 65 years.
Utah Code § 49-23-201 — Utah Code / Title 49 / Chapter 49-23 / § 49-23-201
§ 49-23-201. System membership -- Eligibility.
Status: in_force

(1) Except as provided in Subsections (3) and (4), beginning July 1, 2011, a participating employer that employs public safety service employees or firefighter service employees shall participate in this system. (2) (a) A public safety service employee or a firefighter service employee initially entering employment with a participating employer on or after July 1, 2011, who does not have service credit accrued before July 1, 2011, in a Tier I system or plan administered by the board, is eligible: (i) as a member for service credit and defined contributions under the Tier II hybrid retirement system established by Part 3, Tier II Hybrid Retirement System; or (ii) as a participant for defined contributions under the Tier II defined contributions plan established by Part 4, Tier II Defined Contribution Plan. (b) A public safety service employee or a firefighter service employee initially entering employment with a participating employer on or after July 1, 2011, shall: (i) make an election to participate in the system created under this chapter: (A) as a member for service credit and defined contributions under the Tier II hybrid retirement system established by Part 3, Tier II Hybrid Retirement System; or (B) as a participant for defined contributions under the Tier II defined contribution plan established by Part 4, Tier II Defined Contribution Plan; and (ii) electronically submit to the office notification of the member's election under Subsection (2)(b)(i) in a manner approved by the office. (c) An election made by a public safety service employee or firefighter service employee initially entering employment with a participating employer under this Subsection (2) is irrevocable beginning one year from the date of eligibility for accrual of benefits. (d) If no election is made under Subsection (2)(b)(i), the public safety service employee or firefighter service employee shall become a member eligible for service credit and defined contributions under the Tier II hybrid retirement system established by Part 3, Tier II Hybrid Retirement System. (3) (a) Beginning July 1, 2015, a public safety service employee who is a dispatcher employed by: (i) the state shall be eligible for service credit in this system; and (ii) a participating employer other than the state shall be eligible for service credit in this system if the dispatcher's participating employer elects to cover the participating employer's dispatchers under this system. (b) A participating employer's election to cover the participating employer's dispatchers under this system under Subsection (3)(a)(ii) is irrevocable and shall be documented by a resolution adopted by the governing body of the participating employer in accordance with rules made by the office. (c) A dispatcher's service before July 1, 2015, or before a date specified by resolution of a participating employer under Subsection (3)(b), is not eligible for service credit in this system. (4) An employer is eligible to participate in this system if the employer employs emergency medical service personnel and meets the requirements of Subsections (5) and (6). (5) (a) Beginning July 1, 2023, a firefighter service employee who is an emergency medical service personnel employed by a participating employer shall be eligible for service credit in this system if the emergency medical service personnel's participating employer elects to cover the participating employer's emergency service personnel under this system. (b) (i) A participating employer's election under Subsection (5)(a) to cover the participating employer's emergency medical service personnel under this system is irrevocable. (ii) A participating employer shall document an election under Subsection (5)(a) by a resolution adopted by the governing body of the participating employer in accordance with rules made by the office. (c) (i) An emergency medical service personnel's service before July 1, 2023, is not eligible for service credit in this system. (ii) For an emergency medical service personnel employed by a participating employer, the emergency medical service personnel's service before the date the participating employer adopts a resolution described in Subsection (5)(b)(ii) is not eligible for service credit in this system. (6) (a) The fire chief, or if there is not a fire chief for the participating employer, the emergency services director, shall verify that an individual meets the definition of emergency medical service personnel. (b) (i) Each participating employer participating in this system that employs emergency medical service personnel shall submit annually to the office a schedule indicating which emergency medical service personnel positions are covered under this system under this chapter. (ii) The office may require documentation to justify the inclusion of any position under this section. (7) A public safety service employee who is transferred or promoted to an administration position requiring the performance of duties that consist primarily of management or supervision of public safety service employees shall continue to earn public safety service credit in this system during the period in which the employee remains employed in the same department. (8) An employee of the Department of Corrections shall continue to earn public safety service credit in this system if: (a) the employee's position is no longer covered under this system for new employees hired on or after July 1, 2015; and (b) the employee: (i) remains employed by the Department of Corrections; (ii) meets the eligibility requirements of this system; (iii) was hired into a position covered by this system before July 1, 2015; and (iv) has not had a break in service on or after July 1, 2015. (9) An employee of the Department of Health and Human Services who is transferred from the Department of Corrections' clinical services bureau to provide a clinical or health care service to an inmate as defined in Section 64-13-1 shall continue to earn public safety service credit in this system if: (a) the employee's position is no longer covered under this system for new employees hired on or after July 1, 2015; and (b) the employee: (i) remains employed by the Department of Corrections or the Department of Health and Human Services; (ii) meets the eligibility requirements of this system; (iii) was hired into a position covered by this system before July 1, 2015; and (iv) has not had a break in service on or after July 1, 2015.
Utah Code § 49-11-626 — Utah Code / Title 49 / Chapter 49-11 / § 49-11-626
§ 49-11-626. Withdrawing entity -- Participation election date -- Withdrawal costs -- Rulemaking.
Status: in_force

(1) As used in this section, "withdrawing entity" means an entity that: (a) participates in a system or plan under this title before January 1, 2023; and (b) (i) is a public employees' association; (ii) is an insurer that is subject to the disclosure requirements of Section 31A-4-113; or (iii) after beginning participation with a system or plan under this title, has modified the entity's federal tax status to a nonprofit organization that qualified under Section 501(c) of the Internal Revenue Code. (2) Notwithstanding any other provision of this title, a withdrawing entity may provide for the participation of the withdrawing entity's employees with that system or plan as follows: (a) the withdrawing entity shall determine a date that is no later than July 1, 2028, on which the withdrawing entity shall make an election and complete withdrawal under Subsection (3); (b) the withdrawing entity shall provide to the office notice of the withdrawing entity's intent to enter into an agreement described in Subsection (2)(c); (c) the withdrawing entity and the office may enter into an intent to withdraw agreement to document a good faith arrangement to complete a withdrawal under this section; and (d) subject to Subsection (6), the withdrawing entity shall pay to the office any reasonable actuarial and administrative costs determined by the office to have arisen out of an election made under this section, including an actuarially determined short-fall liability contribution and a contingency payment to provide financial protection to the remaining participating employers. (3) The withdrawing entity may elect to: (a) (i) continue the withdrawing entity's participation for all current employees of the withdrawing entity, who are covered by a system or plan on the date set under Subsection (2)(a); and (ii) withdraw from participation in all systems and plans for all persons initially entering employment with the withdrawing entity, beginning on the date set under Subsection (2)(a); or (b) withdraw from participation in all systems or plans for all current and future employees of the withdrawing entity, beginning on the date set under Subsection (2)(a). (4) (a) An election made under Subsection (3): (i) shall be made on or before the date specified under Subsection (2)(a); (ii) shall be documented by a resolution adopted by the governing body of the withdrawing entity; (iii) remains in effect unless and until the withdrawing entity again becomes a participating employer with the office in accordance with Subsection (5); and (iv) applies to the withdrawing entity as the employer and to all employees of the withdrawing entity. (b) Notwithstanding an election made under Subsection (3), any eligibility for service credit earned by an employee under this title before the date specified under Subsection (2)(a) is not affected by this section. (c) Notwithstanding any other provision of this title, a withdrawing entity that makes an election under Subsection (3) may provide or participate in any type of public or private retirement for the withdrawing entity's employees after the withdrawal. (5) After the withdrawal and subject to the laws and rules governing participating employer admission, the withdrawing entity may elect, by resolution of the withdrawing entity's governing body, to resume participation with the office and apply for admission as a participating employer in a system or plan under this title. (6) Before a withdrawing entity may withdraw under this section, the withdrawing entity and the office shall enter into an agreement on: (a) the costs described under Subsection (2)(d); and (b) arrangements for the payment of the costs described under Subsection (2)(d).
Utah Code § 49-11-615 — Utah Code / Title 49 / Chapter 49-11 / § 49-11-615
§ 49-11-615. Election to grandfather -- Applicability of provisions.
Status: in_force

(1) Notwithstanding any other provision of this title, the allowance payable to any person who becomes a member of any system, administered by the board on or after January 1, 1990, may not exceed the limitation imposed by Section 415 of the Internal Revenue Code of 1986, as amended, which is incorporated by reference. (2) This constitutes an election of the grandfather provision under Section 415(b)(10)(C) of the Internal Revenue Code.
Utah Code § 49-11-1401 — Utah Code / Title 49 / Chapter 49-11 / § 49-11-1401
§ 49-11-1401. Forfeiture of retirement benefits for employees for employment related offense convictions -- Notifications -- Investigations -- Appeals.
Status: in_force

(1) As used in this section: (a) "Convicted" means a conviction by plea or by verdict, including a plea of guilty or a plea of no contest that is held in abeyance under Title 77, Chapter 2a, Pleas in Abeyance, regardless of whether the charge was, or is, subsequently reduced in accordance with the plea agreement or reduced or dismissed in accordance with the plea agreement or the plea in abeyance agreement. (b) "Employee" means a member of a system or plan administered by the board. (c) (i) "Employment related offense" means a felony committed during employment or the term of an elected or appointed office with a participating employer that is: (A) during the performance of the employee's duties; (B) within the scope of the employee's employment; or (C) under color of the employee's authority. (ii) "Employment related offense" does not include any federal offense for conduct that is lawful under Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis. (2) (a) Notwithstanding any other provision of this title, an employee shall forfeit accrual of service credit, employer retirement related contributions, including employer contributions to the employer sponsored defined contribution plans, or other retirement related benefits from a system or plan under this title in accordance with this section. (b) The forfeiture of retirement related benefits under Subsection (2)(a) does not include the employee's contribution to a defined contribution plan. (3) An employee shall forfeit the benefits described under Subsection (2)(a): (a) if the employee is convicted of an employment related offense; (b) beginning on the day on which the employment related offense occurred; and (c) until the employee is either: (i) re-elected or reappointed to office; or (ii) (A) terminated from the position for which the employee was found to have committed an employment related offense; and (B) rehired or hired as an employee who is eligible to be a member of a Utah state retirement system or plan. (4) The employee's participating employer shall: (a) immediately notify the office: (i) if an employee is charged with an offense that is or may be an employment related offense under this section; and (ii) if the employee described in Subsection (4)(a)(i) is acquitted of the offense that is or may be an employment related offense under this section; and (b) if the employee is convicted of an offense that may be an employment related offense: (i) conduct an investigation, which may rely on the conviction, to determine: (A) whether the conviction is for an employment related offense; and (B) the date on which the employment related offense was initially committed; and (ii) after the period of time for an appeal by an employee under Subsection (5), immediately notify the office of the employer's determination under this Subsection (4)(b). (5) An employee may appeal the employee's participating employer's determination under Subsection (4)(b) in accordance with the participating employer's procedures for appealing agency action, including Title 63G, Chapter 4, Administrative Procedures Act, if applicable. (6) (a) Notwithstanding Subsection (4), a district attorney, a county attorney, the attorney general's office, or the state auditor may notify the office and the employee's participating employer if an employee is charged with an offense that is or may be an employment related offense under this section. (b) If the employee's participating employer receives a notification under Subsection (6)(a), the participating employer shall immediately report to the entity that provided the notification under Subsection (6)(a): (i) if the employee is acquitted of the offense; (ii) if the employee is convicted of an offense that may be an employment related offense; and (iii) when the participating employer has concluded the participating employer's duties under this section if the employee is convicted, including conducting an investigation, making a determination under Subsection (4)(b) that the conviction was for an employment related offense, and notifying the office under Subsection (7). (c) The notifying entity under Subsection (6)(a) may assist the employee's participating employer with the investigation and determination described under Subsection (4)(b). (7) Upon receiving a notification from a participating employer that the participating employer has made a determination under Subsection (4)(b) that the conviction was for an employment related offense, the office shall immediately forfeit any service credit, employer retirement related contributions, including employer contributions to the employer sponsored contribution plans, or other retirement related benefits accrued by or made for the benefit of the employee, beginning on the date of the initial employment related offense determined under Subsection (4)(b). (8) This section applies to an employee who is convicted on or after the effective date of this act for an employment related offense. (9) The board may make rules to implement this section. (10) If any provision of this section, or the application of any provision to any person or circumstance, is held invalid, the remainder of this section shall be given effect without the invalid provision or application.
Utah Code § 49-18-201 — Utah Code / Title 49 / Chapter 49-18 / § 49-18-201
§ 49-18-201. System membership -- Eligibility.
Status: in_force

(1) Judges appointed after July 1, 1997, are members of and are eligible for service credit in this system. (2) (a) Any judge appointed prior to July 1, 1997, may either become a member of the Judges' Noncontributory Retirement System or remain a member of the Judges' Contributory Retirement System established under Chapter 17, Judges' Contributory Retirement Act, by following the procedures established by the board pursuant to this chapter. (b) Judges may only elect to participate in this system under Subsection (2) prior to January 1, 1998.
Utah Code § 49-13-406 — Utah Code / Title 49 / Chapter 49-13 / § 49-13-406
§ 49-13-406. Exceptions for part-time elective or appointive service -- Computation of allowance -- Justice court judges.
Status: in_force

(1) Notwithstanding the provisions of Sections 49-11-401 and 49-13-102, and unless otherwise provided in this section, a member's elective or appointive service rendered on a basis not considered full-time by the office shall have a separate allowance computed on the basis of compensation actually received by the member during the period of elective or appointive service. (2) (a) (i) A justice court judge who has service with only one participating employer shall be considered part-time or full-time by the office as certified by the participating employer. (ii) If there is a dispute between the office and a participating employer or justice court judge over whether service is full-time or part-time for any employment period, the disputed service shall be submitted by the office to the Administrative Office of the Courts for determination. (b) If a justice court judge has a combination of part-time service and full-time position service with one participating employer, the office shall compute separate allowances on the basis of compensation actually received by the judge during the part-time and full-time periods of service. (3) (a) A justice court judge who has service with more than one participating employer shall be considered full-time by the office for a period of service in which the judge is certified as full-time by: (i) a participating employer; (ii) a group of participating employers where the judge's part-time work for each employer, when aggregated, amounts to full-time service; or (iii) the Administrative Office of the Courts beginning on or after January 1, 2009, based on the judge's aggregate caseload of the multiple employers as determined by the judge's caseloads of the individual courts of each employer in accordance with Subsection 78A-7-206(1)(b)(ii). (b) If a justice court judge has full-time service under Subsection (3)(a), the office shall compute an allowance on the basis of total compensation actually received from all participating employers by the judge during the total period of full-time service. (c) If a justice court judge has part-time service performed that is not within a period considered full-time service under Subsection (3)(a), the office shall compute a separate allowance on the basis of compensation actually received by the member during the period of part-time service. (d) If there is a dispute between the office and a participating employer, a group of participating employers, or a justice court judge over whether service is full-time or part-time for any employment period, the disputed service shall be submitted by the office to the Administrative Office of the Courts for determination. (4) All of the service rendered by a justice court judge in any one fiscal or calendar year may not count for more than one year of service credit.
Utah Code § 49-11-401 — Utah Code / Title 49 / Chapter 49-11 / § 49-11-401
§ 49-11-401. Transfer of service credit -- Eligibility for service credit -- Computation of service credit -- Retirement from most recent system.
Status: in_force

(1) (a) The office shall make the transfer of service credit, together with related member and participating employer contributions, from one system to another upon terms and conditions established by the board. (b) The terms and conditions may not result in a loss of accrued benefits. (2) An employee does not lose active member status by transferring employment from a position covered by one system to a position covered by another system. (3) In the accrual of service credit, the following provisions apply: (a) (i) a person employed and compensated by a participating employer who meets the eligibility requirements for membership in a system or the Utah Governors' and Legislators' Retirement Plan shall receive service credit for the term of the employment provided that all required contributions are paid to the office; and (ii) the person may not receive service credit for a term of employment until all required contributions related to that service credit have been paid to the office; (b) an allowance or other benefit may not accrue under this title which is based upon the same period of employment as has been the basis for any retirement benefits under some other public retirement system; (c) (i) the board shall fix the minimum time per day, per month, and per year upon the basis of which one year of service and proportionate parts of a year shall be credited toward qualification for retirement; (ii) service may be computed on a fiscal or calendar year basis and portions of years served shall be accumulated and counted as service; and (iii) in any event, all of the service rendered in any one fiscal or calendar year may not count for more than one year; (d) service credit shall be accrued on a fiscal or calendar year basis as determined by the participating employer; (e) a member may not accrue more than one year of service credit per fiscal or calendar year as determined by the office; and (f) fractions of years of service credit shall be accumulated and counted in proportion to the work performed. (4) The office may estimate the amount of service credit, compensation, or age of any member, participant, or alternate payee, if information is not contained in the records. (5) A member shall retire from the system that most recently covered the member. (6) (a) Under no circumstances may service credit earned by a member under Chapter 22, New Public Employees' Tier II Contributory Retirement Act, or Chapter 23, New Public Safety and Firefighter Tier II Contributory Retirement Act, be transferable to any other system or plan under this title. (b) Under no circumstances may service credit earned by a member under one of the following systems be transferable to the system created under Chapter 22, New Public Employees' Tier II Contributory Retirement Act, or under Chapter 23, New Public Safety and Firefighter Tier II Contributory Retirement Act: (i) Chapter 12, Public Employees' Contributory Retirement Act; (ii) Chapter 13, Public Employees' Noncontributory Retirement Act; (iii) Chapter 14, Public Safety Contributory Retirement Act; (iv) Chapter 15, Public Safety Noncontributory Retirement Act; (v) Chapter 16, Firefighters' Retirement Act; (vi) Chapter 17, Judges' Contributory Retirement Act; (vii) Chapter 18, Judges' Noncontributory Retirement Act; or (viii) Chapter 19, Utah Governors' and Legislators' Retirement Act.
Utah Code § 49-16-503 — Utah Code / Title 49 / Chapter 49-16 / § 49-16-503
§ 49-16-503. Benefits payable upon death of inactive member.
Status: in_force

(1) If an inactive member who has less than 20 years of firefighter service credit dies, the surviving spouse, or, if there is no surviving spouse, the member's minor children shall receive a refund of the member's member contributions or $500, whichever is greater. (2) (a) If an inactive member with 20 or more years of firefighter service credit dies, the surviving spouse shall receive an allowance in the amount of 50% of the amount the member would have received had retirement occurred on the first of the month following the month in which the death occurred. (b) This allowance shall be based on years of service credit and final average monthly salary under Section 49-16-402, reduced actuarially from age 50 to the age of the member at the time of death if the member is under 50 years of age at the time of death. (3) (a) A surviving spouse who requests a benefit under this section shall apply in writing to the office. (b) The allowance shall begin on the first day of the month: (i) following the month in which the member died, if the application is received by the office within 90 days of the member's death; or (ii) following the month in which the application is received by the office, if the application is received by the office more than 90 days after the member's death.
Utah Code § 49-14-202 — Utah Code / Title 49 / Chapter 49-14 / § 49-14-202
§ 49-14-202. Participation of employers -- Requirements -- Supplemental programs -- Full participation in system.
Status: in_force

(1) An employer that employs public safety service employees and is required by Section 49-12-202 or 49-13-202 to be a participating employer in the Public Employees' Contributory Retirement System or the Public Employees' Noncontributory Retirement System shall cover all its public safety service employees under one of the following systems or plans: (a) Chapter 12, Public Employees' Contributory Retirement Act; (b) Chapter 13, Public Employees' Noncontributory Retirement Act; (c) Chapter 14, Public Safety Contributory Retirement Act; (d) Chapter 15, Public Safety Noncontributory Retirement Act; or (e) Chapter 23, New Public Safety and Firefighter Tier II Contributory Retirement Act. (2) An employer that covers its public safety service employees under Subsection (1)(c) is a participating employer in this system. (3) If a participating employer under Subsection (1) covers any of its public safety service employees under the Public Safety Contributory Retirement System or the Public Safety Noncontributory Retirement System, that participating employer shall cover all of its public safety service employees under one of those systems, except for a public safety service employee initially entering employment with a participating employer on or after July 1, 2011. (4) A participating employer may not withdraw from this system. (5) In addition to their participation in the system, participating employers may provide or participate in any additional public or private retirement, supplemental or defined contribution plan, either directly or indirectly, for their employees. (6) An employer may not elect to participate in this system after July 1, 1989.
Utah Code § 49-21-301 — Utah Code / Title 49 / Chapter 49-21 / § 49-21-301
§ 49-21-301. Contributions to fund program -- Adjustment of premium rate.
Status: in_force

(1) During each legislative session, the board shall certify to the Legislature the employer paid premium rate expressed as a percentage of salary which is required to fund the Public Employees' Long-Term Disability Trust Fund. (2) Upon the board's recommendation, the Legislature shall adjust the premium rate to maintain adequate funding for the Public Employees' Long-Term Disability Trust Fund.
Utah Code § 49-17-101 — Utah Code / Title 49 / Chapter 49-17 / § 49-17-101
§ 49-17-101. Title.
Status: in_force

This chapter is known as the "Judges' Contributory Retirement Act."
Utah Code § 49-22-101 — Utah Code / Title 49 / Chapter 49-22 / § 49-22-101
§ 49-22-101. Title.
Status: in_force

This chapter is known as the "New Public Employees' Tier II Contributory Retirement Act."
Utah Code § 49-16-701 — Utah Code / Title 49 / Chapter 49-16 / § 49-16-701
§ 49-16-701. Volunteer firefighters eligible for line-of-duty death and disability benefits in Division A -- Computation of benefit.
Status: in_force

(1) A volunteer firefighter is only eligible for line-of-duty death and line-of-duty disability benefits provided for firefighters enrolled in Division A, subject to Sections 49-16-602 and 49-16-603. (2) The lowest monthly compensation of firefighters of a city of the first class in this state at the time of death or disability shall be considered to be the final average monthly salary of a volunteer firefighter for purposes of computing these benefits. (3) Each volunteer fire department shall maintain a current roll of all volunteer firefighters that meet the requirements of Subsection 49-16-102(13) to determine eligibility for this benefit.
Utah Code § 49-20-421 — Utah Code / Title 49 / Chapter 49-20 / § 49-20-421
§ 49-20-421. Prescription discount program.
Status: in_force

(1) As used in this section: (a) "Discount program" means the prescription discount program created by this section. (b) "Epinephrine auto-injector" means a portable, disposable drug delivery device that contains a measured, single dose of epinephrine that is used to treat a person suffering a potentially fatal anaphylactic reaction. (c) "Insulin" means a prescription drug that contains insulin. (d) "Participant" means a resident of Utah who: (i) has a prescription or standing prescription for a qualified prescription; (ii) does not receive health coverage under the program; and (iii) enrolls in the discount program. (e) "Prescription drug" means the same as that term is defined in Section 58-17b-102. (f) "Qualified prescription" means a prescription drug, including insulin and epinephrine auto-injectors, that the program has determined: (i) treats a serious, prevalent, and ongoing condition; (ii) does not have a generic substitute; (iii) qualifies for a substantial rebate; and (iv) would not result in financial losses to the state risk pool if sold as part of the discount program. (g) "Rebate" means the same as that term is defined in Section 31A-46-102. (2) The program shall create a prescription discount program for a participant to purchase a qualified prescription at a discounted, post-rebate price. (3) The program shall: (a) provide a participant with a card or electronic document that identifies the participant as eligible for the discount on a qualified prescription; (b) provide a participant with information about pharmacies that will honor the discount; and (c) provide a participant with instructions to pursue a reimbursement of the purchase price from the participant's health insurer. (4) The program may not retain any amount of a rebate for a qualified prescription except for an amount necessary to make the state risk pool whole for providing the qualified prescription to participants. (5) For each drug added to the discount program, the program shall notify the Health and Human Services Interim Committee, providing: (a) the name of the drug; and (b) the primary condition the drug treats.
Utah Code § 49-11-1301 — Utah Code / Title 49 / Chapter 49-11 / § 49-11-1301
§ 49-11-1301. Definitions.
Status: in_force

As used in this part: (1) "Amortization rate" means the amortization rate, as defined in Section 49-11-102, to be applied to the system that would have covered the retiree if the retiree's part-time position were considered to be an eligible, full-time position within that system. (2) "Full-time" means a: (a) regular full-time employee whose term of employment for a participating employer contemplates continued employment during a fiscal or calendar year and whose employment normally requires an average of 40 hours or more per week and who receives benefits normally provided by the participating employer; (b) teacher whose term of employment for a participating employer contemplates continued employment during a school year and who teaches full time; (c) firefighter service employee whose employment normally requires an average of 2,080 hours of regularly scheduled firefighter service per year; and (d) public safety service employee whose employment normally requires an average of 2,080 hours of regularly scheduled public safety service per year. (3) "Half-time" means: (a) a regular employee whose term of employment for a participating employer contemplates continued employment during a fiscal or calendar year and whose employment normally requires an average of 20 hours per week and who receives benefits normally provided by the participating employer; (b) a teacher whose term of employment for a participating employer contemplates continued employment during a school year and who teaches half time; (c) a firefighter service employee whose employment normally requires an average of 1,040 hours of regularly scheduled firefighter service per year; (d) a public safety service employee whose employment normally requires an average of 1,040 hours of regularly scheduled public safety service per year; and (e) for a retiree employed before retirement as a public safety service employee or a firefighter service employee in a position for which the participating employer established a regularly scheduled work period in excess of 2,080 hours per year, one-half of that regularly scheduled work period as long as the retiree has continuing employment in that same position. (4) "Phased retirement" means continuing employment: (a) on a half-time basis of a retiree with the same participating employer following the retiree's retirement date while the retiree receives a reduced retirement allowance; or (b) on a three-quarter time basis of a retiree with the same participating employer following the retiree's retirement date while the retiree receives a reduced retirement allowance if the retiree is employed as a public safety service employee or a firefighter service employee. (5) "Three-quarter time" means: (a) a firefighter service employee whose employment normally requires an average of 1,560 hours of regularly scheduled firefighter service per year; (b) a public safety service employee whose employment normally requires an average of 1,560 hours of regularly scheduled public safety service per year; and (c) for a retiree who was employed before retirement as a public safety service employee or a firefighter service employee in a position for which the participating employer established a regularly scheduled work period in excess of 2,080 hours per year, three quarters of that regularly scheduled work period as long as the retiree has continuing employment in that same position.
Utah Code § 49-11-613.5 — Utah Code / Title 49 / Chapter 49-11 / § 49-11-613.5
§ 49-11-613.5. Limitation of actions -- Cause of action.
Status: in_force

(1) (a) Subject to the procedures provided in Section 49-11-613 and except as provided in Subsection (3), a party may bring an action regarding a benefit, right, obligation, or employment right brought under this title within four years after the day on which the cause of action accrues. (b) A person who is dissatisfied with an executive director's ruling under Section 49-11-613 and who seeks a review of that claim by a hearing officer shall file a request for board action within 30 days after the day on which the executive director issues the ruling. (2) (a) A cause of action accrues under this title and the limitation period in this section runs from the day on which the aggrieved party became aware, or through the exercise of reasonable diligence should have become aware, of the facts giving rise to the cause of action, including when: (i) a benefit, right, or employment right is or should have been granted; (ii) a payment is or should have been made; or (iii) an obligation is or should have been performed. (b) If a claim involves a retirement service credit issue under this title: (i) a cause of action specifically accrues at the time the requisite retirement contributions relating to that retirement service credit are paid or should have been paid to the office; and (ii) the person is deemed to be on notice of the payment or nonpayment of those retirement contributions. (3) If an aggrieved party fails to discover the facts giving rise to the cause of action due to misrepresentation, fraud, intentional nondisclosure, or other affirmative steps to conceal the cause of action, a limitation period prescribed in this section does not begin to run until the aggrieved party actually discovers the existence of the cause of action. (4) The person claiming a benefit, right, obligation, or employment right arising under this title has the burden of bringing the action within the period prescribed in this section. (5) Nothing in this section relieves a member, retiree, participant, alternative payee, covered individual, employer, participating employer, or covered employer of the obligations under this title. (6) The office is not required to bring a claim on behalf of a member, retiree, participant, alternative payee, covered individual, employer, participating employer, or covered employer. (7) (a) A limitation period provided in this section does not apply to actions for which a specific limit is otherwise specified in this title or by contract, including master policies or other insurance contracts. (b) For actions arising under this title, this section supersedes any applicable limitation period provided in Title 78B, Chapter 2, Statutes of Limitations.
Utah Code § 49-23-503 — Utah Code / Title 49 / Chapter 49-23 / § 49-23-503
§ 49-23-503. Death of active member in line of duty -- Payment of benefits.
Status: in_force

If an active member of this system dies, benefits are payable as follows: (1) If the death is classified by the office as a line-of-duty death, benefits are payable as follows: (a) If the member has accrued less than 20 years of public safety service or firefighter service credit, the surviving spouse shall receive: (i) a lump sum equal to six months of the active member's final average salary; and (ii) the greater of: (A) an allowance equal to 30% of the member's final average monthly salary; or (B) an allowance equal to 2% of the member's final average monthly salary multiplied by the years of service credit accrued by the member. (b) If the member has accrued 20 or more years of public safety service or firefighter service credit, the member shall be considered to have retired with an Option One allowance calculated without an actuarial reduction under Section 49-23-304 and the surviving spouse shall receive the allowance that would have been payable to the member. (2) (a) A volunteer firefighter is eligible for a line-of-duty death benefit under this section if the death results from external force, violence, or disease directly resulting from firefighter service. (b) The lowest monthly compensation of firefighters of a city of the first class in this state at the time of death shall be considered to be the final average monthly salary of a volunteer firefighter for purposes of computing these benefits. (c) Each volunteer fire department shall maintain a current roll of all volunteer firefighters that meet the requirements of Subsection 49-23-102(14) to determine the eligibility for this benefit. (3) (a) If the death is classified as a line-of-duty death by the office, death benefits are payable under this section and the surviving spouse is not eligible for benefits under Section 49-23-502. (b) If the death is not classified as a line-of-duty death by the office, benefits are payable in accordance with Section 49-23-502. (4) (a) A surviving spouse who qualifies for a monthly benefit under this section shall apply in writing to the office. (b) The allowance shall begin on the first day of the month following the month in which the: (i) member or participant died, if the application is received by the office within 90 days of the date of death of the member or participant; or (ii) application is received by the office, if the application is received by the office more than 90 days after the date of death of the member or participant.
Utah Code § 49-16-403 — Utah Code / Title 49 / Chapter 49-16 / § 49-16-403
§ 49-16-403. Annual cost-of-living adjustment.
Status: in_force

(1) The office shall make an annual cost-of-living adjustment to: (a) an original allowance paid under Section 49-16-402, Part 5, Death Benefit, and Part 6, Disability Benefit, of this chapter if the allowance has been paid for at least one year; and (b) an original payment made to an alternate payee under a domestic relations order, if the payment is to be paid as a percentage of the allowance rather than a specific dollar amount. (2) (a) The original allowance shall be increased by the annual increase in the Consumer Price Index up to a maximum of 4%. (b) Annual increases in the Consumer Price Index in excess of 4% shall be accumulated and used in subsequent adjustments when the annual increase in the Consumer Price Index is less than 4%. (3) The Consumer Price Index used in calculating adjustments shall be a United States Bureau of Labor Statistics Consumer Price Index average as determined by the board. (4) The cost-of-living adjustment made under this section may not decrease the allowance.
Utah Code § 49-22-204 — Utah Code / Title 49 / Chapter 49-22 / § 49-22-204
§ 49-22-204. Higher education employees' eligibility requirements -- Election between different retirement plans -- Classification requirements -- Transfer between systems.
Status: in_force

(1) (a) A regular full-time employee of an institution of higher education who is eligible to participate in either this system or in a retirement annuity contract with a public or private system, organization, or company, designated as described in Subsection (1)(c), shall, not later than January 1, 1979, elect to participate exclusively in this system or in an annuity contract allowed under this Subsection (1). (b) The election is final, and no right exists to make any further election. (c) The Utah Board of Higher Education shall designate the public or private retirement systems, organizations, or companies that a regular full-time employee of an institution of higher education is eligible to participate in under Subsection (1)(a). (2) (a) A regular full-time employee hired by an institution of higher education after January 1, 1979, may participate only in the retirement plan designated for the person's employment classification. (b) Each institution of higher education shall prepare or amend existing employment classifications, under the direction of the Utah Board of Higher Education, so that each classification is assigned with either: (i) this system; or (ii) a public or private system, organization, or company designated bythe Utah Board of Higher Education. (c) Notwithstanding a person's employment classification assignment under Subsection (2)(b), a regular full-time employee who begins employment with an institution of higher education has a one-time irrevocable election to continue participation in this system if the employee: (i) has service credit in this system before the date of employment with the institution of higher education; and (ii) makes the election before participating in the system described in Subsection (2)(b)(ii). (3) A regular full-time employee hired by an institution of higher education on or after July 1, 2011, whose employment classification requires participation in this system may elect to continue participation in this system upon change to an employment classification that requires participation in a public or private system, organization, or company designated by: (a) except as provided in Subsection (3)(b), the Utah Board of Higher Education; or (b) the technical college board of trustees of each technical college for regular full-time employees of each technical college. (4) A regular full-time employee hired by an institution of higher education on or after July 1, 2011, whose employment classification requires participation in this system shall participate in this system. (5) An employee's participation or election described in this section: (a) shall be made in accordance with this section; and (b) is subject to requirements under federal law and rules made by the board.
Utah Code § 49-19-501 — Utah Code / Title 49 / Chapter 49-19 / § 49-19-501
§ 49-19-501. Death of member or retiree -- Surviving spouse benefit.
Status: in_force

(1) Upon the death of a governor or legislator who has not yet retired and who has completed four or more years in the elected office, the member's surviving spouse shall receive an allowance equal to 50% of the allowance to which the governor or legislator would have been entitled upon reaching age 65, if the governor or legislator and surviving spouse had been married at least six months. (2) Upon the death of a governor or legislator receiving an allowance under this plan, the member's surviving spouse is entitled to an allowance equal to 50% of the allowance being paid to the member at the time of death. (3) (a) A surviving spouse who requests a benefit under this section shall apply in writing to the office. (b) The allowance shall begin on the first day of the month: (i) following the month in which the member died, if the application is received by the office within 90 days of the member's death; or (ii) following the month in which the application is received by the office, if the application is received by the office more than 90 days after the member's death.
Utah Code § 49-11-205 — Utah Code / Title 49 / Chapter 49-11 / § 49-11-205
§ 49-11-205. Membership Council established -- Members -- Chair -- Duties -- Expenses and per diem.
Status: in_force

(1) A Membership Council is established to perform the duties under Subsection (5). (2) The Membership Council shall be composed of 18 council members as follows: (a) the director of the Division of Human Resource Management or the director's designee; (b) one local school board member selected by the governing board of an association representative of a majority of local school board members who are members of a system administered by the board; (c) one district superintendent selected by the governing board of an association representative of a majority of district superintendents who are members of a system administered by the board, or the district superintendent's designee; (d) three school employees selected by the governing board of an association representative of a majority of school employees who are members of a system administered by the board; (e) one education support professional selected by the governing board of the association representative of a majority of education support professionals who are members of a system administered by the board; (f) two public employees selected by the governing board of the association representative of a majority of the public employees who are members of a system administered by the board; (g) one municipal officer or employee selected by the governing board of the association representative of a majority of the municipalities who participate in a system administered by the board; (h) one county officer or employee selected by the governing board of the association representative of a majority of counties who participate in a system administered by the board; (i) one representative of members of the Judges' Noncontributory Retirement System selected by the Judicial Council; (j) one representative of members of the Public Safety Retirement Systems selected by the governing board of the association representative of the majority of peace officers who are members of the Public Safety Retirement Systems; (k) one representative of members of the Firefighters' Retirement System selected by the governing board of the association representative of the majority of paid professional firefighters who are members of the Firefighters' Retirement System; (l) one retiree selected by the governing board of the association representing the largest number of retirees, who are not public education retirees, from the Public Employees' Contributory, Public Employees' Noncontributory, and New Public Employees' Tier II Contributory Retirement Systems; (m) one retiree selected by the governing board of the association representing the largest number of public education retirees; (n) one school business official selected by the governing board of the association representative of a majority of the school business officials from public education employers who participate in a system administered by the board; and (o) one special district officer or employee selected by the governing board of the association representing the largest number of special service districts and special districts who participate in a system administered by the board. (3) (a) Each entity granted authority to select council members under Subsection (2) may also revoke the selection at any time. (b) Each term on the council shall be for a period of four years, subject to Subsection (3)(a). (c) Each term begins on July 1 and expires on June 30. (d) When a vacancy occurs on the council for any reason, the replacement shall be selected for the remainder of the unexpired term. (4) The council shall annually designate one council member as chair. (5) The council shall: (a) recommend to the board and to the Legislature benefits and policies for members of any system or plan administered by the board; (b) recommend procedures and practices to improve the administration of the systems and plans and the public employee relations responsibilities of the board and office; (c) examine the record of all decisions affecting retirement benefits made by a hearing officer under Section 49-11-613; (d) submit nominations to the board for the position of executive director if that position is vacant; (e) advise and counsel with the board and the director on policies affecting members of the various systems administered by the office; and (f) perform other duties assigned to it by the board. (6) A member of the council may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with: (a) Section 63A-3-106; (b) Section 63A-3-107; and (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
Utah Code § 49-16-104 — Utah Code / Title 49 / Chapter 49-16 / § 49-16-104
§ 49-16-104. Creation of trust fund.
Status: in_force

(1) There is created the "Firefighters' Retirement Trust Fund" for the purpose of paying the benefits and costs of administering this system. (2) The fund shall consist of all money and assets transferred to it from any terminated system, all money paid into it, including interest, in accordance with this chapter, whether in the form of cash, securities, or other assets, and of all money received from any other source. (3) The custody, management, and investment of the fund shall be governed by Chapter 11, Utah State Retirement Systems Administration.
Utah Code § 49-23-504 — Utah Code / Title 49 / Chapter 49-23 / § 49-23-504
§ 49-23-504. Death of members -- Exemption from vesting requirements for employer nonelective contributions to defined contribution plan.
Status: in_force

(1) (a) If an active member dies, employer nonelective contributions made on behalf of the employee to a defined contribution plan under Section 49-23-302 or 49-23-401 are exempt from the vesting requirements of Subsections 49-23-302(2)(a) and 49-23-401(3)(a). (b) The total amount of nonelective contributions made by the participating employer vests to the member upon death and the member's beneficiary is entitled to receive a distribution of the employer contributions made on behalf of the employee and all associated investment gains and losses. (2) Employer contributions vested and distributed under this section are in addition to and separate from the benefits payable under Sections 49-23-501, 49-23-502, and 49-23-503.
Utah Code § 49-16-101 — Utah Code / Title 49 / Chapter 49-16 / § 49-16-101
§ 49-16-101. Title.
Status: in_force

This chapter is known as the "Firefighters' Retirement Act."
Utah Code § 49-11-502 — Utah Code / Title 49 / Chapter 49-11 / § 49-11-502
§ 49-11-502. Redeposits of refunds -- Time period.
Status: in_force

(1) (a) If a member receives a refund of member contributions and is subsequently reemployed in a position covered by a system or the Utah Governors' and Legislators' Retirement Plan, the participating employer or the member may redeposit an amount equal to the member contributions refunded and interest charged under Section 49-11-503. (b) The interest shall be compounded annually from the date of refund through the month of payment. (c) If a redeposit is made, service credit shall be restored to the member's account and credited to the same system or the Utah Governors' and Legislator's Retirement Plan from which the refund was taken. (2) (a) A member may redeposit an amount equal to a prior refund of member contributions and interest charges in one lump sum or in monthly installments by payroll deduction in a time period determined by the office. (b) If the total redeposit is not made prior to the member's retirement date, the amount of redeposit paid to the office shall be refunded to the member without interest and the member is not entitled to service credit based on the amount of the refund. (c) The interest rate charged during the installment period shall be a fixed rate calculated at the time of the first installment payment in accordance with Section 49-11-503. (3) A member who redeposits a refund of member contributions under this section shall receive the amount of service credit forfeited in taking the refund. (4) (a) For purposes of this section, the Public Employees' Contributory Retirement System created under Chapter 12, Public Employees' Contributory Retirement Act, and the Public Employees' Noncontributory Retirement System created under Chapter 13, Public Employees' Noncontributory Retirement Act, are considered one system. (b) For purposes of this section, the Public Safety Contributory Retirement System created under Chapter 14, Public Safety Contributory Retirement Act, and the Public Safety Noncontributory Retirement System created under Chapter 15, Public Safety Noncontributory Retirement Act, are considered one system. (c) For purposes of this section, the Judges' Contributory Retirement System created under Chapter 17, Judges' Contributory Retirement Act, and the Judges' Noncontributory Retirement System created under, Chapter 18, Judges' Noncontributory Retirement Act, are considered one system. (5) (a) The board may make rules to allow a member to make the necessary payments to the office for redeposits under this title as permitted by federal law. (b) The office may reject any payments if the office determines the tax status of the systems, plans, or programs may be jeopardized by allowing the payment.
Utah Code § 49-20-404 — Utah Code / Title 49 / Chapter 49-20 / § 49-20-404
§ 49-20-404. Governors' and legislative paid-up group health coverage benefit -- Limitations -- Medicare supplemental coverage -- Spouse coverage -- Limitations.
Status: in_force

(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.
Utah Code § 49-11-306 — Utah Code / Title 49 / Chapter 49-11 / § 49-11-306
§ 49-11-306. Definitions -- Scrutinized companies investment report -- Content -- Reporting -- Exceptions.
Status: in_force

(1) As used in this section: (a) "Active business operations" means all business operations that are not inactive business operations. (b) (i) "Business operations" means investing, with actual knowledge on or after August 5, 1996, in Iran's petroleum sector which investment directly and significantly contributes to the enhancement of Iran's ability to develop the petroleum resources of Iran. (ii) "Business operations" does not include the retail sale of gasoline and related consumer products. (c) "Company" means any foreign sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company, or any other foreign entity or business association, including all wholly-owned subsidiaries, majority-owned subsidiaries or parent companies or affiliates of these entities or business associations, that exists for the purpose of making a profit. (d) (i) "Direct holdings" means all publicly traded equity securities of a company that are held directly by the investment fund or in an account or fund in which the investment fund owns all shares or interests. (ii) "Direct holdings" does not include publicly traded equity securities of a company held as part of a passive indexing investment strategy. (e) "Inactive business operations" means the continued holding or renewal of rights to property previously operated for the purpose of generating revenues but not presently deployed for that purpose. (f) "Investment fund" means the Utah State Retirement Investment Fund created in Section 49-11-301. (g) "Iran" means the Islamic Republic of Iran. (h) "Petroleum resources" means petroleum or natural gas. (i) "Scrutinized business operations" means any active business operations that: (i) are subject to or liable for sanctions under Public Law 104-172, the Iran Sanctions Act of 1996, as amended; and (ii) involve the maintenance of: (A) the company's existing assets or investments in Iran; or (B) the deployment of new investments to Iran that meet or exceed the threshold referred to in Public Law 104-172, the Iran Sanctions Act of 1996, as amended. (j) "Scrutinized company" means any company engaging in scrutinized business operations. (2) (a) (i) The Utah State Retirement Office shall identify the scrutinized companies in which the investment fund has direct holdings. (ii) In making the determination, the board shall review and rely on publicly available information regarding companies with business operations in Iran, including information provided by nonprofit organizations, research firms, international organizations, and government entities. (b) The office shall assemble a list of all identified scrutinized companies. (c) The office shall update the list, on an annual basis, with information provided and received from those entities listed in Subsection (2)(a). (3) The office shall prepare an annual report of investment fund investments in scrutinized companies. (4) The report shall include amounts and other data and statistics designed to explain the past and current extent to which public fund investments in scrutinized companies: (a) are present; and (b) are being prevented under Subsection (6). (5) The report shall be provided to the governor, the board, the president of the Senate, the speaker of the House of Representatives, and to each member and staff of the Retirement and Independent Entities Committee created under Section 63E-1-201. (6) Using the most current list assembled under Subsection (2), the office shall prevent the investment of investment fund's direct holdings in a scrutinized company: (a) for funds managed within the office, by not investing in direct holdings in a scrutinized company; and (b) for funds managed by contract by a professional investment manager: (i) for existing contracts, by requesting that no more direct holdings be acquired in a scrutinized company; and (ii) for future contracts, by stipulating in the contract that no new direct holdings be acquired in a scrutinized company. (7) The provisions of this section do not apply to: (a) money invested in a defined contribution plan as defined under Section 49-11-102; or (b) investments in a company that is primarily engaged in: (i) supplying goods or services intended to relieve human suffering in Iran; or (ii) promoting health, education, religious, welfare, or journalistic activities in Iran.
Utah Code § 49-15-501 — Utah Code / Title 49 / Chapter 49-15 / § 49-15-501
§ 49-15-501. Death of active member in Division A -- Payment of benefits.
Status: in_force

(1) If an active member of this system enrolled in Division A under Section 49-15-301 dies, benefits are payable as follows: (a) If the death is classified by the office as a line-of-duty death, benefits are payable as follows: (i) If the member has accrued less than 20 years of public safety service credit, the surviving spouse shall receive a lump sum equal to six months of the active member's final average salary and an allowance equal to 30% of the member's final average monthly salary. (ii) If the member has accrued 20 or more years of public safety service credit, the member shall be considered to have retired with an allowance calculated under Section 49-15-402 and the surviving spouse shall receive the death benefit payable to a surviving spouse under Section 49-15-504. (b) If the death is not classified as a line-of-duty death by the office, benefits are payable as follows: (i) If the member has accrued less than 10 years of public safety service credit, the surviving spouse shall receive the sum of $1,000 or a refund of the member's member contributions, whichever is greater. (ii) If the member has accrued 10 or more years, but less than 20 years of public safety service credit at the time of death, the surviving spouse shall receive the sum of $500, plus an allowance equal to 2% of the member's final average monthly salary for each year of service credit accrued by the member up to a maximum of 30% of the member's final average monthly salary. (iii) If the member has accrued 20 or more years of public safety service credit, the benefit shall be calculated as provided in Subsection (1)(a)(ii). (2) Except as provided under Subsection (1)(b)(i), benefits are not payable to minor children under Division A. (3) If a benefit is not distributed under this section, and the member has designated a beneficiary, the member's member contribution shall be paid to the beneficiary. (4) (a) A surviving spouse who requests a benefit under this section shall apply in writing to the office. (b) The allowance shall begin on the first day of the month following the month in which the: (i) member died, if the application is received by the office within 90 days of the member's death; or (ii) application is received by the office, if the application is received by the office more than 90 days after the member's death.
Utah Code § 49-12-402 — Utah Code / Title 49 / Chapter 49-12 / § 49-12-402
§ 49-12-402. Service retirement plans -- Calculation of retirement allowance.
Status: in_force

(1) (a) Except as provided under Section 49-12-701, retirees of this system may choose from the six retirement options described in this section. (b) Options Two, Three, Four, Five, and Six are modifications of the Option One calculation. (2) The Option One benefit is an annual allowance calculated as follows: (a) If the retiree is at least 65 years of age or has accrued at least 30 years of service credit, the allowance is: (i) an amount equal to 1.25% of the retiree's final average monthly salary multiplied by the number of years of service credit accrued prior to July 1, 1975; plus (ii) an amount equal to 2% of the retiree's final average monthly salary multiplied by the number of years of service credit accrued on and after July 1, 1975. (b) If the retiree is less than 65 years of age, the allowance shall be reduced 3% for each year of retirement from age 60 to age 65, unless the member has 30 or more years of accrued credit in which event no reduction is made to the allowance. (c) (i) Years of service includes any fractions of years of service to which the retiree may be entitled. (ii) At the time of retirement, if a retiree's combined years of actual, not purchased, service credit is within 1/10 of one year of the total years of service credit required for retirement, the retiree shall be considered to have the total years of service credit required for retirement. (d) An Option One allowance is only payable to the member during the member's lifetime. (3) The allowance payable under Options Two, Three, Four, Five, and Six is calculated by reducing an Option One benefit based on actuarial computations to provide the following: (a) Option Two is a reduced allowance paid to and throughout the lifetime of the retiree, and, if the retiree receives less in annuity payments than the amount of the retiree's member contributions, the remaining balance of the retiree's member contributions shall be paid in accordance with Sections 49-11-609 and 49-11-610. (b) Option Three is a reduced allowance paid to and throughout the lifetime of the retiree, and, upon the death of the retiree, the same reduced allowance paid to and throughout the lifetime of the retiree's lawful spouse at the time of retirement. (c) Option Four is a reduced allowance paid to and throughout the lifetime of the retiree, and upon the death of the retiree, an amount equal to 1/2 of the retiree's allowance paid to and throughout the lifetime of the retiree's lawful spouse at the time of retirement. (d) Option Five is a modification of Option Three so that if the lawful spouse at the time of retirement predeceases the retiree, an allowance equivalent to the amount payable at the time of initial retirement under Option One shall be paid to the retiree for the remainder of the retiree's life, beginning on the first day of the month following the month in which the: (i) spouse died, if notification and supporting documentation for the death are received by the office within 90 days of the spouse's death; or (ii) notification and supporting documentation for the death are received by the office, if the notification and supporting documentation are received by the office more than 90 days after the spouse's death. (e) Option Six is a modification of Option Four so that if the lawful spouse at the time of retirement predeceases the retiree, an allowance equivalent to the amount payable at the time of initial retirement under Option One shall be paid to the retiree for the remainder of the retiree's life, beginning on the first day of the month following the month in which the: (i) spouse died, if notification and supporting documentation for the death are received by the office within 90 days of the spouse's death; or (ii) notification and supporting documentation for the death are received by the office, if the notification and supporting documentation are received by the office more than 90 days after the spouse's death. (4) (a) (i) The final average salary is limited in the computation of that part of an allowance based on service rendered prior to July 1, 1967, during a period when the retiree received employer contributions on a portion of compensation from an educational institution toward the payment of the premium required on a retirement annuity contract with a public or private system, organization, or company designated by the Utah Board of Higher Education to $4,800. (ii) This limitation is not applicable to retirees who elected to continue in this system by July 1, 1967. (b) Periods of employment which are exempt from this system under Subsection 49-12-203(1)(b), may be purchased by the member for the purpose of retirement only if all benefits from a public or private system, organization, or company designated by the Utah Board of Higher Education based on this period of employment are forfeited. (5) (a) If a retiree under Option One dies within 90 days after the retiree's retirement date, the retirement is canceled and the death shall be considered as that of a member before retirement. (b) Any payments made to the retiree shall be deducted from the amounts due to the beneficiary. (6) (a) If a retiree retires under either Option Five or Six and subsequently divorces, the retiree may elect to convert the benefit to a Option One benefit at the time of divorce, if there is no court order filed in the matter. (b) A conversion to an Option One benefit under this Subsection (6) begins on the first day of the month following the month in which the notification and supporting documentation for the divorce are received by the office.
Utah Code § 49-17-201 — Utah Code / Title 49 / Chapter 49-17 / § 49-17-201
§ 49-17-201. System membership -- Eligibility.
Status: in_force

Except as provided in Section 49-18-201, judges are members of and are eligible for service credit in this system.
Utah Code § 49-20-414 — Utah Code / Title 49 / Chapter 49-20 / § 49-20-414
§ 49-20-414. Telemedicine services -- Reimbursement -- Reporting.
Status: in_force

(1) As used in this section: (a) "Network provider" means a health care provider who has an agreement with the program to provide health care services to a patient with an expectation of receiving payment, other than coinsurance, copayments, or deductibles, directly from the managed care organization. (b) "Telemedicine services" means the same as that term is defined in Section 26B-4-704. (2) This section applies to the risk pool established for the state under Subsection 49-20-201(1)(a). (3) The program shall, at the provider's request, reimburse a network provider for medically appropriate telemedicine services at a commercially reasonable rate. (4) Before November 1, 2019, the program shall report to the Legislature's Public Utilities, Energy, and Technology Interim Committee and Health Reform Task Force on: (a) the result of the reimbursement requirement described in Subsection (3); (b) existing and potential uses of telehealth and telemedicine services; (c) issues of reimbursement to a provider offering telehealth and telemedicine services; (d) potential rules or legislation related to: (i) providers offering and insurers reimbursing for telehealth and telemedicine services; and (ii) increasing access to health care, increasing the efficiency of health care, and decreasing the costs of health care; and (e) telemedicine services that the program declined to cover because the telemedicine services that were requested were not medically appropriate.
Utah Code § 49-16-201 — Utah Code / Title 49 / Chapter 49-16 / § 49-16-201
§ 49-16-201. System membership -- Eligibility.
Status: in_force

(1) A firefighter service employee who performs firefighter service for an employer participating in this system is eligible for service credit in this system upon the earliest of: (a) July 1, 1971, if the firefighter service employee was employed by the participating employer on July 1, 1971, and the participating employer was participating in this system on that date; (b) the date the participating employer begins participating in this system if the firefighter service employee was employed by the participating employer on that date; or (c) the date the firefighter service employee is hired to perform firefighter services for a participating employer, if the firefighter: (i) initially enters employment before July 1, 2011; or (ii) has service credit accrued before July 1, 2011, in a Tier I system or plan administered by the board. (2) (a) (i) A participating employer that has public safety service and firefighter service employees that require cross-training and duty shall enroll the dual purpose employees in the system in which the greatest amount of time is actually worked. (ii) The employees shall either be full-time public safety service or full-time firefighter service employees of the participating employer. (b) (i) Before transferring a dual purpose employee from one system to another, the participating employer shall receive written permission from the office. (ii) The office may request documentation to verify the appropriateness of the transfer. (3) (a) A person hired by a regularly constituted fire department on or after July 1, 1971, who does not perform firefighter service is not eligible for service credit in this system. (b) The nonfirefighter service employee shall become a member of the system for which the nonfirefighter service employee qualifies for service credit. (c) The service credit exclusion under this Subsection (3) may not be interpreted to prohibit the assignment of a firefighter with a disability or partial disability to a nonfirefighter service position. (d) If Subsection (3)(c) applies, the firefighter service employee remains eligible for service credit in this system. (4) An allowance or other benefit may not be granted under this system that is based upon the same service for benefits received under some other system. (5) Service as a volunteer firefighter is not eligible for service credit in this system. (6) An employer is eligible to participate in this system if the employer: (a) maintains a regularly constituted fire department; (b) is the Department of Public Safety created in Section 53-1-103 that employs the state fire marshal appointed under Section 53-7-103; or (c) employs emergency medical service personnel and meets the requirements of Subsections (7) and (8). (7) (a) Subject to Subsection (9), beginning July 1, 2023, a firefighter service employee who is an emergency medical service personnel employed by a participating employer shall be eligible for service credit in this system if the emergency medical service personnel's participating employer chooses to cover the participating employer's emergency medical service personnel under this system. (b) (i) A participating employer's election under Subsection (7)(a) to cover the participating employer's emergency medical service personnel under this system is irrevocable. (ii) A participating employer shall document an election under Subsection (7)(a) by a resolution adopted by the governing body of the participating employer in accordance with rules made by the office. (c) (i) An emergency medical service personnel's service before July 1, 2023, is not eligible for service credit in this system. (ii) For an emergency medical service personnel employed by a participating employer, the emergency medical service personnel's service before the date the participating employer adopts a resolution described in Subsection (7)(b)(ii) is not eligible for service credit in this system. (8) (a) The fire chief, or if there is not a fire chief for the participating employer, the emergency services director, shall verify that an individual meets the definition of emergency medical service personnel. (b) Each participating employer participating in this system that employs emergency medical service personnel shall submit annually to the office a schedule indicating which emergency medical service personnel positions are covered under this system under this chapter. (9) Beginning July 1, 2011, a person who is initially entering employment with a participating employer and who does not have service credit accrued before July 1, 2011, in a Tier I system or plan administered by the board may not participate in this system.
Utah Code § 49-14-507 — Utah Code / Title 49 / Chapter 49-14 / § 49-14-507
§ 49-14-507. Surviving spouse includes certain former spouses -- Benefit calculation for former spouse.
Status: in_force

(1) The benefit calculation for a surviving spouse with a valid domestic relations order benefits on file with the office before the member's death date in accordance with Section 49-11-612 is calculated according to the manner in which the court order specified benefits to be partitioned, whether as a fixed amount or as a percentage of the benefit. (2) If the death benefits under this section are partitioned among more than one surviving spouse due to domestic relations order benefits on file with the office before the member's death date in accordance with Section 49-11-612, the total amount received by the surviving spouses may not exceed the death benefits normally provided to one surviving spouse under this section.
Utah Code § 49-23-502 — Utah Code / Title 49 / Chapter 49-23 / § 49-23-502
§ 49-23-502. Death of married members -- Service retirement benefits to surviving spouse.
Status: in_force

(1) As used in this section, "member's full allowance" means an Option Three allowance calculated under Section 49-23-304 without an actuarial reduction. (2) Upon the request of a deceased member's surviving spouse at the time of the member's death, the deceased member is considered to have retired under Option Three on the first day of the month following the month in which the member died if the following requirements are met: (a) the member has: (i) 15 or more years of service credit; (ii) attained age 62 with 10 or more years of service credit; or (iii) attained age 65 with four or more years of service credit; and (b) the member dies leaving a surviving spouse. (3) The surviving spouse who requests a benefit under this section shall apply in writing to the office. The allowance shall begin on the first day of the month: (a) following the month in which the member died, if the application is received by the office within 90 days of the member's death; or (b) following the month in which the application is received by the office, if the application is received by the office more than 90 days after the member's death. (4) The allowance payable to a surviving spouse under Subsection (2) is: (a) if the member has 25 or more years of service credit at the time of death, the surviving spouse shall receive the member's full allowance; (b) if the member has between 20-24 years of service credit and is not age 60 or older at the time of death, the surviving spouse shall receive two-thirds of the member's full allowance; (c) if the member has between 15-19 years of service credit and is not age 62 or older at the time of death, the surviving spouse shall receive one-third of the member's full allowance; or (d) if the member is age 60 or older with 20 or more years of service credit, age 62 or older with 10 or more years of service credit, or age 65 or older with four or more years of service credit at the time of death, the surviving spouse shall receive an Option Three benefit with actuarial reductions. (5) The benefit calculation for a surviving spouse with a valid domestic relations order benefits on file with the office before the member's death date in accordance with Section 49-11-612 is calculated according to the manner in which the court order specified benefits to be partitioned, whether as a fixed amount or as a percentage of the benefit. (6) (a) Except for a return of member contributions, benefits payable under this section are retirement benefits and shall be paid in addition to any other payments made under Section 49-23-501. (b) Payments made under this section and Section 49-23-501 shall constitute a full and final settlement of the claim of the surviving spouse or any other beneficiary. (7) If the death benefits under this section or Section 49-23-503 are partitioned among more than one surviving spouse due to domestic relations order benefits on file with the office before the member's death date in accordance with Section 49-11-612, the total amount received by the surviving spouses may not exceed the death benefits normally provided to one surviving spouse under this section.
Utah Code § 49-23-403 — Utah Code / Title 49 / Chapter 49-23 / § 49-23-403
§ 49-23-403. Eligibility to receive a retirement allowance for a benefit tied to a retirement date for defined contribution members.
Status: in_force

(1) As used in this section, "eligible to receive a retirement allowance" means the date selected by the member who is a participant under this part on which the member has ceased employment and would be qualified to receive an allowance under Section 49-23-303 if the member had been under the Tier II Hybrid Retirement System for the same period of employment. (2) The office and a participating employer shall make an accounting of years of service credit accrued for a member who is a participant under this part in order to calculate when a member would be eligible to receive a retirement allowance for purposes of establishing when a member may be eligible for a benefit tied to a retirement date that may be provided under Section 63A-17-508, this title, another state statute, or by a participating employer.
Utah Code § 49-12-409 — Utah Code / Title 49 / Chapter 49-12 / § 49-12-409
§ 49-12-409. Purchase of service credit -- Conditions -- Cost -- Nondiscrimination policy.
Status: in_force

(1) (a) A member may purchase or a member and a participating employer may jointly purchase a maximum of five years of service credit which cannot otherwise be purchased under this title. (b) At a minimum, the years of service credit purchased shall be sufficient to allow the member to meet the retirement eligibility requirements of this system with no actuarial reduction. (c) The member's retirement date shall be immediately after the purchase of years of service credit. (d) The member shall pay at least 5% of the cost of the purchase. (e) To qualify for a purchase of service credit under this section, the member shall: (i) have at least five years of service credit; and (ii) otherwise meet federal eligibility requirements. (2) The purchase price for the years of service credit shall be calculated and paid for as provided in Section 49-11-403. (3) Prior to making any purchase of years of service credit under this section, a participating employer shall adopt a purchase policy that includes nondiscriminatory participation standards for all regular full-time employees. (4) Only members retiring from this system may purchase service credit under this section.
Utah Code § 49-21-404 — Utah Code / Title 49 / Chapter 49-21 / § 49-21-404
§ 49-21-404. Annual adjustment to disability benefit.
Status: in_force

(1) (a) An eligible employee receiving a monthly disability benefit shall receive an annual adjustment on the date following the end of the elimination period to reflect annual changes in the United States Bureau of Labor Statistics Consumer Price Index average as determined by the board. (b) This adjustment may not exceed adjustments made to retirees under the system which covered the eligible employee on the date of disability. (2) If an employee is not participating in a system, the annual adjustment may not exceed the adjustment paid in the system which would cover the employee if the employee were participating in a system.
Utah Code § 49-15-301 — Utah Code / Title 49 / Chapter 49-15 / § 49-15-301
§ 49-15-301. Contributions -- Two divisions -- Subdivisions.
Status: in_force

(1) Participating employers shall pay the certified contribution rates to the office to maintain this system on a financially and actuarially sound basis. (2) For purposes of determining contribution rates, this system is divided into two divisions according to Social Security coverage: (a) members of this system with on-the-job Social Security coverage are Division A; and (b) members of this system without on-the-job Social Security coverage are in Division B. (3) In addition to the divisions under Subsection (2) and for the purposes of determining contribution rates, each division under Subsection (2) is further divided as follows: (a) members of this system with an annual cost-of-living adjustment under Subsection 49-15-403(2)(b) are in Divisions A1 and B1; and (b) members of this system with an annual cost-of-living adjustment under Subsection 49-15-403(2)(a) are in Divisions A2 and B2. (4) Contribution rates for a participating employer may be different than for other participating employers based on the participating employer's current funding status and actuarial experience.
Utah Code § 49-23-308 — Utah Code / Title 49 / Chapter 49-23 / § 49-23-308
§ 49-23-308. Purchase of service credit -- Conditions -- Cost -- Nondiscrimination policy.
Status: in_force

(1) (a) A member may purchase or a member and a participating employer may jointly purchase a maximum of five years of service credit which cannot otherwise be purchased under this title. (b) At a minimum, the years of service credit purchased shall be sufficient to allow the member to meet the retirement eligibility requirements of this system with no actuarial reduction. (c) The member's retirement date shall be immediately after the purchase of years of service credit. (d) The member shall pay at least 5% of the cost of the purchase. (e) To qualify for a purchase of service credit under this section, the member shall: (i) have at least five years of service credit; and (ii) otherwise meet federal eligibility requirements. (2) The purchase price for the years of service credit shall be calculated and paid for as provided in Section 49-11-403. (3) Prior to making any purchase of years of service credit under this section, a participating employer shall adopt a purchase policy that includes nondiscriminatory participation standards for all regular full-time employees. (4) Only members retiring from this system may purchase service credit under this section.
Utah Code § 49-11-602 — Utah Code / Title 49 / Chapter 49-11 / § 49-11-602
§ 49-11-602. Participating employer to maintain records -- Time limit -- Penalties for failure to comply.
Status: in_force

(1) A participating employer shall: (a) maintain records necessary to calculate benefits under this title and other records necessary for proper administration of this title as required by the office; and (b) maintain records that indicate whether an employee is receiving: (i) a benefit under state or federal law that, under Subsection 49-12-102(1)(b)(vi) or (vii), is excluded from the definition of benefits normally provided for purposes of Chapter 12, Public Employees' Contributory Retirement Act, Chapter 13, Public Employees' Noncontributory Retirement Act, or Chapter 22, New Public Employees' Tier II Contributory Retirement Act; or (ii) a benefit under a benefit package generally offered to similarly situated employees. (2) A participating employer shall maintain all records necessary to support the participating employer's reports and certifications required by Section 49-11-603. (3) A participating employer shall maintain the records required under Subsections (1) and (2) until the earliest of: (a) four years after the date of retirement of the employee from a system or plan; (b) four years after the date of death of the employee; or (c) 65 years from the date of employment with the participating employer. (4) A participating employer shall be liable to the office for: (a) any liabilities and expenses, including administrative expenses and the cost of increased benefits to members, resulting from the participating employer's failure to maintain records under this section; and (b) a penalty equal to 1% of the participating employer's last month's contributions. (5) The executive director may waive all or any part of the interest, penalties, expenses, and fees if the executive director finds there were extenuating circumstances surrounding the participating employer's failure to comply with this section. (6) The office may estimate the length of service, compensation, or age of any member, if that information is not contained in the records. (7) (a) A participating employer shall enroll an employee, make reports, submit contributions, and provide other requested information electronically in a manner approved by the office. (b) A participating employer shall treat any information provided electronically or otherwise by the office as subject to the confidentiality provisions of this title.
Utah Code § 49-23-602 — Utah Code / Title 49 / Chapter 49-23 / § 49-23-602
§ 49-23-602. Benefit protection contract.
Status: in_force

(1) As used in this section: (a) "Objective medical impairment" means the same as that term is defined in Section 49-21-102. (b) "Qualifying injury or illness" means a physical or mental objective medical impairment resulting from external force or violence as a result of the performance of an employment duty. (2) (a) A participating employer shall provide a benefit protection contract described in Section 49-11-404 for any public safety service employee or firefighter service employee who suffers a qualifying injury or illness as determined in accordance with this section. (b) A participating employer may elect to provide a benefit protection contract for any other injury or illness of a public safety service employee or firefighter service employee in accordance with the requirements for providing a benefit protection contract, including the provisions of Section 49-11-404. (3) (a) For purposes of Subsection (2)(a), the provider of long-term disability or workers' compensation indemnity benefits shall determine if a public safety service employee or firefighter service employee has suffered a qualifying injury or illness, including completing any appeals relating to that determination in accordance with the applicable appeals procedures. (b) In addition to the annual report requirements under Section 49-11-404: (i) if there is final determination that a public safety service employee or firefighter service employee has suffered a qualifying injury or illness and is awarded an ongoing monthly disability benefit based on that qualifying injury or illness, the participating employer shall immediately notify the office of the employee's award of that ongoing monthly disability benefit; and (ii) if the public safety service employee's or firefighter service employee's monthly disability benefit is terminated for any reason, the participating employer shall immediately notify the office of the termination of the monthly disability benefit.
Utah Code § 49-11-501 — Utah Code / Title 49 / Chapter 49-11 / § 49-11-501
§ 49-11-501. Refunds of member contributions -- Transfers of contributions to defined contribution plan.
Status: in_force

(1) If a member shall for any cause, except retirement, permanent or temporary disability, or death, terminate employment with a participating employer the member may leave the member contributions in the fund or may receive a refund of the member contributions as provided under this section. (2) A member who applies for a refund of member contributions shall apply in writing on forms provided by the office. (3) A refund of member contributions may not be made to a member within 60 days from the last date of the pay period for which contributions are made by or on behalf of the member. (4) If the member is reemployed by a participating employer within the time period under Subsection (3), the member is not eligible for a refund. (5) A member who receives a refund of member contributions forfeits the service credit based on those contributions. (6) A member who is exempted from or becomes ineligible for service credit in a system but who remains employed by a participating employer may request a direct transfer of member contributions to a qualified plan. (7) A member who remains employed with an employer which has withdrawn from a system may request a plan-to-plan transfer of member contributions to a qualified defined contribution plan administered by the board or a qualified plan offered by the member's employer. (8) Refund interest shall be paid on refunds of member contributions under this section.
Utah Code § 49-23-307 — Utah Code / Title 49 / Chapter 49-23 / § 49-23-307
§ 49-23-307. Defined benefit annual cost-of-living adjustment.
Status: in_force

(1) The office shall make an annual cost-of-living adjustment to: (a) an original allowance paid under Section 49-23-305, if the allowance has been paid for at least one year; and (b) an original payment made to an alternate payee under a domestic relations order, if the payment is to be paid as a percentage of the allowance rather than a specific dollar amount. (2) (a) The original allowance shall be increased by the annual increase in the Consumer Price Index up to a maximum of 2.5%. (b) Annual increases in the Consumer Price Index in excess of 2.5% shall be accumulated and used in subsequent adjustments when the annual increase in the Consumer Price Index is less than 2.5%. (3) The Consumer Price Index used in calculating adjustments shall be a United States Bureau of Labor Statistics Consumer Price Index average as determined by the board. (4) The cost-of-living adjustment made under this section may not decrease the allowance.
Utah Code § 49-22-403 — Utah Code / Title 49 / Chapter 49-22 / § 49-22-403
§ 49-22-403. Eligibility to receive a retirement allowance for a benefit tied to a retirement date for defined contribution members.
Status: in_force

(1) As used in this section, "eligible to receive a retirement allowance" means the date selected by the member who is a participant under this part on which the member has ceased employment and would be qualified to receive an allowance under Section 49-22-304 if the member had been under the Tier II Hybrid Retirement System for the same period of employment. (2) The office and a participating employer shall make an accounting of years of service credit accrued for a member who is a participant under this part in order to calculate when a member would be eligible to receive a retirement allowance for purposes of establishing when a member may be eligible for a benefit tied to a retirement date that may be provided under Section 63A-17-508, this title, another state statute, or by a participating employer.
Utah Code § 49-19-103 — Utah Code / Title 49 / Chapter 49-19 / § 49-19-103
§ 49-19-103. Creation of plan.
Status: in_force

There is created for Utah governors and legislators the "Utah Governors' and Legislators' Retirement Plan."
Utah Code § 49-14-101 — Utah Code / Title 49 / Chapter 49-14 / § 49-14-101
§ 49-14-101. Title.
Status: in_force

This chapter is known as the "Public Safety Contributory Retirement Act."
Utah Code § 49-11-304 — Utah Code / Title 49 / Chapter 49-11 / § 49-11-304
§ 49-11-304. Administrative costs -- Payable from fund.
Status: in_force

General administrative costs of operating the office shall be assessed to the systems, plans, programs, and funds on a pro rata basis and shall be paid from earnings of the Utah State Retirement Investment Fund.
Utah Code § 49-11-614 — Utah Code / Title 49 / Chapter 49-11 / § 49-11-614
§ 49-11-614. Vesting on termination of system or plan.
Status: in_force

If any system or the Utah Governors' and Legislators' Retirement Plan is terminated, the accrued benefits of each member in the terminated system or plan shall immediately become vested and nonforfeitable.
Utah Code § 49-22-307 — Utah Code / Title 49 / Chapter 49-22 / § 49-22-307
§ 49-22-307. Lump-sum death benefit for retiree and spouse.
Status: in_force

(1) (a) Upon retirement, a retiree may elect to have the office deduct an actuarially determined amount from the retiree's allowance to provide a lump-sum benefit payable to a beneficiary upon the death of the retiree. (b) Upon retirement, a retiree may also elect to have an actuarially determined amount deducted from the retiree's allowance to provide a lump-sum death benefit payable to a beneficiary upon the death of the retiree's lawful spouse at the time of retirement. (c) The board may make rules for the administration of this lump-sum death benefit. (2) (a) For a retiree who pays for a lump-sum death benefit under this section through a reduction of an allowance, benefits shall be paid in accordance with Sections 49-11-609 and 49-11-610. (b) If the retiree chooses Option Three, Four, Five, or Six, and a lump-sum death benefit is payable after the death of the retiree, the allowance shall be restored to its original amount. (3) (a) A retiree may elect to cancel the lump-sum death benefit under this section. (b) The cancellation under this Subsection (3) is irrevocable. (c) Upon cancellation, the allowance shall be restored to its original amount and benefits under this section may not be paid.
Utah Code § 49-12-101 — Utah Code / Title 49 / Chapter 49-12 / § 49-12-101
§ 49-12-101. Title.
Status: in_force

This chapter is known as the "Public Employees' Contributory Retirement Act."
Utah Code § 49-17-405 — Utah Code / Title 49 / Chapter 49-17 / § 49-17-405
§ 49-17-405. Annual cost-of-living adjustment.
Status: in_force

(1) The office shall make an annual cost-of-living adjustment to: (a) an allowance paid under Section 49-17-402 and Part 5, Death Benefit, of this chapter if the benefit has been paid for at least one year; and (b) a payment made to an alternate payee under a domestic relations order, if the payment is to be paid as a percentage of the allowance rather than a specific dollar amount. (2) (a) The allowance shall be increased by the annual increase in the Consumer Price Index up to a maximum of 4%. (b) Annual increases in the Consumer Price Index in excess of 4% shall be accumulated and used in subsequent adjustments when the annual increase in the Consumer Price Index is less than 4%. (3) The Consumer Price Index used in calculating adjustments shall be a United States Bureau of Labor Statistics Consumer Price Index average as determined by the board. (4) The cost-of-living adjustment made under this section may not decrease the allowance.
Utah Code § 49-20-407 — Utah Code / Title 49 / Chapter 49-20 / § 49-20-407
§ 49-20-407. Insurance mandates.
Status: in_force

Notwithstanding the provisions of Subsection 31A-1-103(3)(f): (1) health coverage offered to the state employee risk pool under Subsection 49-20-202(1)(a) shall comply with the provisions of Sections 31A-22-605.5 and 31A-45-501; and (2) a health plan offered to public school districts, charter schools, and institutions of higher education under Subsection 49-20-201(1)(b) shall comply with the provisions of Section 31A-22-605.5.
Utah Code § 49-13-205 — Utah Code / Title 49 / Chapter 49-13 / § 49-13-205
§ 49-13-205. Conversion to system -- Time schedule -- Conversion windows.
Status: in_force

(1) An employee governed under Section 49-13-201 shall make the election to participate in this system within six months of July 1, 1986. (2) (a) (i) An employer governed under Sections 49-13-201 and 49-13-202 shall make the election to participate in this system within six months of July 1, 1986. (ii) The employer shall indicate whether or not it elects to participate by enacting a resolution or ordinance to that effect. (iii) Prior to the enactment of the resolution or ordinance, a hearing shall be held by the employer, at which all employees of the political subdivision shall be given an opportunity to be heard on the question of participating in this system. (iv) Notice of the hearing shall be mailed to all employees within 30 days of the hearing and shall contain the time, place, and purpose of the hearing. (b) A regular full-time employee has six months from the date the employer elects to participate in this system in which to make the election to participate in this system and become eligible for service credit in this system. (3) Subsections (1) and (2) shall be used to provide a second time period of conversion to this system beginning July 1, 1990. (4) Subsections (1) and (2) shall be used to provide a third time period of conversion to this system beginning July 1, 1995. (5) Subsection (2) shall be used to provide a fourth time period of conversion to this system beginning July 1, 2009 for an entity created under the authority of Title 11, Chapter 13, Interlocal Cooperation Act, and the entity's employees. (6) Subsection (2) shall be used to provide a fifth time period of conversion to this system beginning July 1, 2015. (7) A member of the Contributory Retirement System who is employed by one agency and who either transfers to or is reemployed by another agency shall be enrolled in the Noncontributory Retirement System as of the date of employment, if the participating employer has elected to participate in the Noncontributory Retirement System.
Utah Code § 49-16-507 — Utah Code / Title 49 / Chapter 49-16 / § 49-16-507
§ 49-16-507. Benefits payable upon death of active or inactive member without a surviving spouse or minor children.
Status: in_force

If an active or inactive member dies and at the time of death the member does not have a surviving spouse or minor children, the benefit payable to a designated beneficiary is a refund of the member's member contributions or $500, whichever is larger.
Utah Code § 49-15-201 — Utah Code / Title 49 / Chapter 49-15 / § 49-15-201
§ 49-15-201. System membership -- Eligibility.
Status: in_force

(1) (a) A public safety service employee employed by the state after July 1, 1989, but before July 1, 2011, is eligible for service credit in this system. (b) A public safety service employee employed by the state before July 1, 1989, may either elect to receive service credit in this system or continue to receive service credit under the system established under Chapter 14, Public Safety Contributory Retirement Act, by following the procedures established by the board under this chapter. (2) (a) Public safety service employees of a participating employer other than the state that elected on or before July 1, 1989, to remain in the Public Safety Contributory Retirement System shall be eligible only for service credit in that system. (b) (i) A participating employer other than the state that elected on or before July 1, 1989, to participate in this system shall, have allowed, before July 1, 1989, a public safety service employee to elect to participate in either this system or the Public Safety Contributory Retirement System. (ii) Except as expressly allowed by this title, the election of the public safety service employee is final and may not be changed. (c) A public safety service employee hired by a participating employer other than the state after July 1, 1989, but before July 1, 2011, shall become a member in this system. (d) A public safety service employee of a participating employer other than the state who began participation in this system after July 1, 1989, but before July 1, 2011, is only eligible for service credit in this system. (e) A person initially entering employment with a participating employer on or after July 1, 2011, who does not have service credit accrued before July 1, 2011, in a Tier I system or plan administered by the board, may not participate in this system. (3) (a) (i) A participating employer that has public safety service and firefighter service employees that require cross-training and duty shall enroll those dual purpose employees in the system in which the greatest amount of time is actually worked. (ii) The employees shall either be full-time public safety service or full-time firefighter service employees of the participating employer. (b) (i) Before transferring a dual purpose employee from one system to another, the participating employer shall receive written permission from the office. (ii) The office may request documentation to verify the appropriateness of the transfer. (4) The board may combine or segregate the actuarial experience of participating employers in this system for the purpose of setting contribution rates. (5) (a) (i) Each participating employer participating in this system shall annually submit to the office a schedule indicating the positions to be covered under this system in accordance with this chapter. (ii) The office may require documentation to justify the inclusion of any position under this system. (b) If there is a dispute between the office and a participating employer or employee over any position to be covered, the disputed position shall be submitted to the Peace Officer Standards and Training Council established under Section 53-6-106 for determination. (c) (i) The Peace Officer Standards and Training Council's authority to decide eligibility for public safety service credit is limited to claims for coverage under this system for time periods after July 1, 1989. (ii) A decision of the Peace Officer Standards and Training Council may not be applied to service credit earned in another system before July 1, 1989. (iii) Except as provided under Subsection (5)(c)(iv), a decision of the Peace Officer Standards and Training Council granting a position coverage under this system may only be applied prospectively from the date of that decision. (iv) A decision of the Peace Officer Standards and Training Council granting a position coverage under this system may be applied retroactively only if: (A) the participating employer covered other similarly situated positions under this system during the time period in question; and (B) the position otherwise meets all eligibility requirements for receiving service credit in this system during the period for which service credit is to be granted. (6) The Peace Officer Standards and Training Council may use a subcommittee to provide a recommendation to the council in determining disputes between the office and a participating employer or employee over a position to be covered under this system. (7) The Peace Officer Standards and Training Council shall comply with Title 63G, Chapter 4, Administrative Procedures Act, in resolving coverage disputes in this system. (8) A public safety service employee who is transferred or promoted to an administration position requiring the performance of duties that consist primarily of management or supervision of public safety service employees shall continue to earn public safety service credit in this system during the period in which the employee remains employed in the same department. (9) An employee of the Department of Corrections shall continue to earn public safety service credit in this system if: (a) the employee's position is no longer covered under this system for new employees hired on or after July 1, 2015; and (b) the employee: (i) remains employed by the Department of Corrections; (ii) meets the eligibility requirements of this system; (iii) was hired into a position covered by this system before July 1, 2015; and (iv) has not had a break in service on or after July 1, 2015. (10) An employee of the Department of Health and Human Services who is transferred from the Department of Corrections' clinical services bureau to provide a clinical or health care service to an inmate as defined in Section 64-13-1 shall continue to earn public safety service credit in this system if: (a) the employee's position is no longer covered under this system for new employees hired on or after July 1, 2015; and (b) the employee: (i) remains employed by the Department of Corrections or the Department of Health and Human Services; (ii) meets the eligibility requirements of this system; (iii) was hired into a position covered by this system before July 1, 2015; and (iv) has not had a break in service on or after July 1, 2015. (11) Any employee who is reassigned to the Division of Technology Services or to the Division of Human Resource Management, and who was a member in this system, shall be entitled to remain a member in this system. (12) (a) To determine that a position is covered under this system, the office and, if a coverage dispute arises, the Peace Officer Standards and Training Council shall find that the position requires the employee to: (i) except for a dispatcher, place the employee's life or personal safety at risk; and (ii) complete training as provided in Section 53-6-303, 53-13-103, 53-13-104, or 53-13-105. (b) If a position satisfies the requirements of Subsection (12)(a), the office and Peace Officer Standards and Training Council shall consider whether the position requires the employee to: (i) perform duties that consist primarily of actively preventing or detecting crime and enforcing criminal statutes or ordinances of this state or any of its political subdivisions; (ii) perform duties that consist primarily of providing community protection; and (iii) respond to situations involving threats to public safety and make emergency decisions affecting the lives and health of others. (13) If a subcommittee is used to recommend the determination of disputes to the Peace Officer Standards and Training Council, the subcommittee shall comply with the requirements of Subsection (12) in making the subcommittee's recommendation. (14) A final order of the Peace Officer Standards and Training Council regarding a dispute is a final agency action for purposes of Title 63G, Chapter 4, Administrative Procedures Act. (15) Except as provided under Subsection (16), if a participating employer's public safety service employees are not covered by this system or under Chapter 14, Public Safety Contributory Retirement Act, as of January 1, 1998, those public safety service employees who may otherwise qualify for membership in this system shall, at the discretion of the participating employer, remain in their current retirement system. (16) (a) A public safety service employee employed by an airport police department, which elects to cover the airport police department's public safety service employees under the Public Safety Noncontributory Retirement System under Subsection (14), may elect to remain in the public safety service employee's current retirement system. (b) The public safety service employee's election to remain in the current retirement system under Subsection (16)(a): (i) shall be made at the time the employer elects to move the employer's public safety service employees to a public safety retirement system; (ii) shall be documented by written notice to the participating employer; and (iii) is irrevocable. (17) (a) Subject to Subsection (18), beginning July 1, 2015, a public safety service employee who is a dispatcher employed by: (i) the state shall be eligible for service credit in this system; and (ii) a participating employer other than the state shall be eligible for service credit in this system if the dispatcher's participating employer elects to cover the participating employer's dispatchers under this system. (b) A participating employer's election to cover the participating employer's dispatchers under this system under Subsection (17)(a)(ii) is irrevocable and shall be documented by a resolution adopted by the governing body of the participating employer in accordance with rules made by the office. (c) A dispatcher's service before July 1, 2015, or before a date specified by resolution of a participating employer under Subsection (17)(b), is not eligible for service credit in this system. (18) Notwithstanding any other provision of this section, a person initially entering employment with a participating employer on or after July 1, 2011, who does not have service credit accrued before July 1, 2011, in a Tier I system or plan administered by the board, may not participate in this system.
Utah Code § 49-22-301 — Utah Code / Title 49 / Chapter 49-22 / § 49-22-301
§ 49-22-301. Contributions.
Status: in_force

(1) Participating employers and members shall pay the certified contribution rates to the office to maintain the defined benefit portion of this system on a financially and actuarially sound basis. (2) (a) A participating employer shall pay up to 10% of compensation toward the certified contribution rate to the office for the defined benefit portion of this system. (b) A member shall only pay to the office the amount, if any, of the certified contribution rate for the defined benefit portion of this system that exceeds the percent of compensation paid by the participating employer under Subsection (2)(a). (c) In addition to the percent specified under Subsection (2)(a), the participating employer shall pay the corresponding Tier I system amortization rate of the employee's compensation to the office to be applied to the employer's corresponding Tier I system liability. (3) A participating employer may not elect to pay all or part of the required member contributions under Subsection (2)(b), in addition to the required participating employer contributions. (4) (a) A member contribution is credited by the office to the account of the individual member. (b) This amount, together with refund interest, is held in trust for the payment of benefits to the member or the member's beneficiaries. (c) A member contribution is vested and nonforfeitable. (5) (a) Each member is considered to consent to payroll deductions of member contributions. (b) The payment of compensation less these payroll deductions is considered full payment for services rendered by the member. (6) Benefits provided under the defined benefit portion of the Tier II Hybrid Retirement System created under this part: (a) may not be increased unless the actuarial funded ratios of all systems under this title reach 100%; and (b) may be decreased only in accordance with the provisions of Section 49-22-310.
Utah Code § 49-15-104 — Utah Code / Title 49 / Chapter 49-15 / § 49-15-104
§ 49-15-104. Creation of trust fund.
Status: in_force

(1) There is created the "Public Safety Noncontributory Retirement Trust Fund" for the purpose of paying the benefits and the costs of administering this system. (2) The fund shall consist of a number of individual trust accounts created as needed to receive the money and assets transferred into them from the respective terminated systems, all money paid into them, including interest, in accordance with this chapter, whether in the form of cash, securities, or other assets, and of all money received from any other source. (3) Custody, management, and investment of the fund shall be governed by Chapter 11, Utah State Retirement Systems Administration.
Utah Code § 49-12-404 — Utah Code / Title 49 / Chapter 49-12 / § 49-12-404
§ 49-12-404. Lump-sum death benefit for retiree and spouse.
Status: in_force

(1) (a) Upon retirement, a retiree may elect to have the office deduct an actuarially determined amount from the retiree's allowance to provide a lump-sum benefit payable to a beneficiary upon the death of the retiree. (b) Upon retirement, a retiree may also elect to have an actuarially determined amount deducted from the retiree's allowance to provide a lump-sum death benefit payable to a beneficiary upon the death of the retiree's lawful spouse at the time of retirement. (c) The board may make rules for the administration of this lump-sum death benefit. (2) (a) For a retiree who pays for a lump-sum death benefit under this section through a reduction of an allowance, benefits shall be paid in accordance with Sections 49-11-609 and 49-11-610. (b) If the retiree chooses Option Three, Four, Five, or Six, and a lump-sum death benefit is payable after the death of the retiree, the allowance shall be restored to its original amount. (3) (a) A retiree whose retirement date is on or after July 1, 1995, may elect to cancel the lump-sum death benefit under this section. (b) The cancellation under this Subsection (3) is irrevocable. (c) Upon cancellation, the allowance shall be restored to its original amount and benefits under this section may not be paid.
Utah Code § 49-22-305 — Utah Code / Title 49 / Chapter 49-22 / § 49-22-305
§ 49-22-305. Defined benefit service retirement plans -- Calculation of retirement allowance -- Social security limitations.
Status: in_force

(1) (a) Except as provided under Subsection (6), the retirees of this system may choose from the six retirement options described in this section. (b) Options Two, Three, Four, Five, and Six are modifications of the Option One calculation. (2) The Option One benefit is an annual allowance calculated as follows: (a) If the retiree is at least 65 years of age or has accrued at least 35 years of service credit, the allowance is an amount equal to 1.5% of the retiree's final average salary multiplied by the number of years of service credit accrued on and after July 1, 2011. (b) If the retiree is less than 65 years of age, the allowance shall be reduced by the full actuarial amount for each year of retirement from age 60 to age 65, unless the member has 35 or more years of accrued credit in which event no reduction is made to the allowance. (c) (i) Years of service includes any fractions of years of service to which the retiree may be entitled. (ii) At the time of retirement, if a retiree's combined years of actual, not purchased, service credit is within one-tenth of one year of the total years of service credit required for retirement, the retiree shall be considered to have the total years of service credit required for retirement. (d) An Option One allowance is only payable to the member during the member's lifetime. (3) The allowance payable under Options Two, Three, Four, Five, and Six is calculated by reducing an Option One benefit based on actuarial computations to provide the following: (a) Option Two is a reduced allowance paid to and throughout the lifetime of the retiree, and, if the retiree receives less in annuity payments than the amount of the retiree's member contributions, the remaining balance of the retiree's member contributions shall be paid in accordance with Sections 49-11-609 and 49-11-610. (b) Option Three is a reduced allowance paid to and throughout the lifetime of the retiree, and, upon the death of the retiree, the same reduced allowance is paid to and throughout the lifetime of the retiree's lawful spouse at the time of retirement. (c) Option Four is a reduced allowance paid to and throughout the lifetime of the retiree, and upon the death of the retiree, an amount equal to one-half of the retiree's allowance is paid to and throughout the lifetime of the retiree's lawful spouse at the time of retirement. (d) Option Five is a modification of Option Three so that if the lawful spouse at the time of retirement predeceases the retiree, an allowance equivalent to the amount payable at the time of initial retirement under Option One shall be paid to the retiree for the remainder of the retiree's life, beginning on the first day of the month following the month in which the: (i) spouse died, if notification and supporting documentation for the death are received by the office within 90 days of the spouse's death; or (ii) notification and supporting documentation for the death are received by the office, if the notification and supporting documentation are received by the office more than 90 days after the spouse's death. (e) Option Six is a modification of Option Four so that if the lawful spouse at the time of retirement predeceases the retiree, an allowance equivalent to the amount payable at the time of initial retirement under Option One shall be paid to the retiree for the remainder of the retiree's life, beginning on the first day of the month following the month in which the: (i) spouse died, if notification and supporting documentation for the death are received by the office within 90 days of the spouse's death; or (ii) notification and supporting documentation for the death are received by the office, if the notification and supporting documentation are received by the office more than 90 days after the spouse's death. (4) (a) If a retiree under Option One dies within 120 days after the retiree's retirement date, the retirement is canceled and the death shall be considered as that of a member before retirement. (b) Any payments made to the retiree shall be deducted from the amounts due to the beneficiary. (5) (a) If a retiree retires under either Option Five or Six and subsequently divorces, the retiree may elect to convert the benefit to an Option One benefit at the time of divorce, if there is no court order filed in the matter. (b) A conversion to an Option One benefit under this Subsection (5) begins on the first day of the month following the month in which the notification and supporting documentation for the divorce are received by the office. (6) A retiree may not choose payment of an allowance under a retirement option described in this section that is not applicable to that retiree, including because the retiree did not make member contributions or does not have a lawful spouse at the time of retirement.
Utah Code § 49-17-701 — Utah Code / Title 49 / Chapter 49-17 / § 49-17-701
§ 49-17-701. Judges' mandatory retirement age.
Status: in_force

(1) Except as provided in Subsection (2), a judge shall retire upon attaining the age of 75 years. (2) A judge serving on July 1, 1996, who is 75 years of age or older on July 1, 1996, or who attains 75 years of age prior to the judge's next retention election may not be a candidate in that retention election and shall retire on or before December 31 of the year in which the judge would have been subject to a retention election.
Utah Code § 49-21-101 — Utah Code / Title 49 / Chapter 49-21 / § 49-21-101
§ 49-21-101. Title.
Status: in_force

This chapter is known as the "Public Employees' Long-Term Disability Act."
Utah Code § 49-14-201 — Utah Code / Title 49 / Chapter 49-14 / § 49-14-201
§ 49-14-201. System membership -- Eligibility.
Status: in_force

(1) Except as provided in Section 49-15-201, a public safety service employee of a participating employer participating in this system is eligible for service credit in this system at the earliest of: (a) July 1, 1969, if the public safety service employee was employed by the participating employer on July 1, 1969, and the participating employer was participating in this system on that date; (b) the date the participating employer begins participating in this system if the public safety service employee was employed by the participating employer on that date; or (c) the date the public safety service employee is employed by the participating employer and is eligible to perform public safety service, except that a public safety service employee initially entering employment with a participating employer on or after July 1, 2011, who does not have service credit accrued before July 1, 2011, in a Tier I system or plan administered by the board, may not participate in this system. (2) (a) (i) A participating employer that has public safety service and firefighter service employees that require cross-training and duty shall enroll those dual purpose employees in the system in which the greatest amount of time is actually worked. (ii) The employees shall either be full-time public safety service or full-time firefighter service employees of the participating employer. (b) (i) Before transferring a dual purpose employee from one system to another, the participating employer shall receive written permission from the office. (ii) The office may request documentation to verify the appropriateness of the transfer. (3) The board may combine or segregate the actuarial experience of participating employers in this system for the purpose of setting contribution rates. (4) (a) (i) Each participating employer participating in this system shall annually submit to the office a schedule indicating the positions to be covered under this system in accordance with this chapter. (ii) The office may require documentation to justify the inclusion of any position under this system. (b) If there is a dispute between the office and a participating employer or employee over any position to be covered, the disputed position shall be submitted to the Peace Officer Standards and Training Council established under Section 53-6-106 for determination. (c) (i) The Peace Officer Standards and Training Council's authority to decide eligibility for public safety service credit is limited to claims for coverage under this system for time periods after July 1, 1989. (ii) A decision of the Peace Officer Standards and Training Council may not be applied to service credit earned in another system before July 1, 1989. (iii) Except as provided under Subsection (4)(c)(iv), a decision of the Peace Officer Standards and Training Council granting a position coverage under this system may only be applied prospectively from the date of that decision. (iv) A decision of the Peace Officer Standards and Training Council granting a position coverage under this system may be applied retroactively only if: (A) the participating employer covered other similarly situated positions under this system during the time period in question; and (B) the position otherwise meets all eligibility requirements for receiving service credit in this system during the period for which service credit is to be granted. (5) The Peace Officer Standards and Training Council may use a subcommittee to provide a recommendation to the council in determining disputes between the office and a participating employer or employee over a position to be covered under this system. (6) The Peace Officer Standards and Training Council shall comply with Title 63G, Chapter 4, Administrative Procedures Act, in resolving coverage disputes in this system. (7) A public safety service employee who is transferred or promoted to an administration position requiring the performance of duties that consist primarily of management or supervision of public safety service employees shall continue to earn public safety service credit in this system during the period in which the employee remains employed in the same department. (8) An employee of the Department of Corrections shall continue to earn public safety service credit in this system if: (a) the employee's position is no longer covered under this system for new employees hired on or after July 1, 2015; and (b) the employee: (i) remains employed by the Department of Corrections; (ii) meets the eligibility requirements of this system; (iii) was hired into a position covered by this system before July 1, 2015; and (iv) has not had a break in service on or after July 1, 2015. (9) An employee of the Department of Health and Human Services who is transferred from the Department of Corrections' clinical services bureau to provide a clinical or health care service to an inmate as defined in Section 64-13-1 shall continue to earn public safety service credit in this system if: (a) the employee's position is no longer covered under this system for new employees hired on or after July 1, 2015; and (b) the employee: (i) remains employed by the Department of Corrections or the Department of Health and Human Services; (ii) meets the eligibility requirements of this system; (iii) was hired into a position covered by this system before July 1, 2015; and (iv) has not had a break in service on or after July 1, 2015. (10) An employee who is reassigned to the Division of Technology Services or to the Division of Human Resource Management, and who was a member of this system, is entitled to remain a member of this system. (11) (a) To determine that a position is covered under this system, the office and, if a coverage dispute arises, the Peace Officer Standards and Training Council shall find that the position requires the employee to: (i) except for a dispatcher, place the employee's life or personal safety at risk; and (ii) complete training as provided in Section 53-6-303, 53-13-103, 53-13-104, or 53-13-105. (b) If a position satisfies the requirements of Subsection (11)(a), the office and the Peace Officer Standards and Training Council shall consider whether or not the position requires the employee to: (i) perform duties that consist primarily of actively preventing or detecting crime and enforcing criminal statutes or ordinances of this state or any of its political subdivisions; (ii) perform duties that consist primarily of providing community protection; and (iii) respond to situations involving threats to public safety and make emergency decisions affecting the lives and health of others. (12) If a subcommittee is used to recommend the determination of disputes to the Peace Officer Standards and Training Council, the subcommittee shall comply with the requirements of Subsection (11) in making the subcommittee's recommendation. (13) A final order of the Peace Officer Standards and Training Council regarding a dispute is a final agency action for purposes of Title 63G, Chapter 4, Administrative Procedures Act. (14) Except as provided under Subsection (15), if a participating employer's public safety service employees are not covered by this system or under Chapter 15, Public Safety Noncontributory Retirement Act, as of January 1, 1998, those public safety service employees who may otherwise qualify for membership in this system shall, at the discretion of the participating employer, remain in their current retirement system. (15) (a) A public safety service employee employed by an airport police department, which elects to cover the airport police department's public safety service employees under the Public Safety Noncontributory Retirement System under Subsection (14), may elect to remain in the public safety service employee's current retirement system. (b) The public safety service employee's election to remain in the current retirement system under Subsection (15)(a): (i) shall be made at the time the employer elects to move the employer's public safety service employees to a public safety retirement system; (ii) documented by written notice to the participating employer; and (iii) is irrevocable. (16) (a) Subject to Subsection (17), beginning July 1, 2015, a public safety service employee who is a dispatcher employed by: (i) the state shall be eligible for service credit in this system; and (ii) a participating employer other than the state shall be eligible for service credit in this system if the dispatcher's participating employer elects to cover the participating employer's dispatchers under this system. (b) A participating employer's election to cover the participating employer's dispatchers under this system under Subsection (16)(a)(ii) is irrevocable and shall be documented by a resolution adopted by the governing body of the participating employer in accordance with rules made by the office. (c) A dispatcher's service before July 1, 2015, or before a date specified by resolution of a participating employer under Subsection (16)(b), is not eligible for service credit in this system. (17) Notwithstanding any other provision of this section, a person initially entering employment with a participating employer on or after July 1, 2011, who does not have service credit accrued before July 1, 2011, in a Tier I system or plan administered by the board, may not participate in this system.
Utah Code § 49-23-202 — Utah Code / Title 49 / Chapter 49-23 / § 49-23-202
§ 49-23-202. Participation of employers -- Admission requirements.
Status: in_force

(1) (a) An employer is a participating employer and may not withdraw from participation in this system. (b) A participating employer shall cover the participating employer's: (i) public safety service employees in accordance with Section 49-15-202; and (ii) firefighter service employees in accordance with Section 49-16-202. (2) (a) An employer may, by resolution of the employer's governing body, apply for admission to this system. (b) Upon approval of the resolution by the board, the employer is a participating employer in this system and is subject to this title. (3) If a participating employer purchases service credit on behalf of a public safety service employee or a firefighter service employee for service rendered prior to the participating employer's admission to this system, the participating employer shall: (a) purchase service credit in a nondiscriminatory manner on behalf of all current and former public safety service employees or firefighter service employees who were eligible for service credit at the time service was rendered; and (b) comply with the provisions of Section 49-11-403.
Utah Code § 49-11-902 — Utah Code / Title 49 / Chapter 49-11 / § 49-11-902
§ 49-11-902. Premium tax revenues -- Formula -- Deposits.
Status: in_force

7/1/2026 (1) If the premium tax revenue received by the office under Subsection 49-11-901.5(1) and first paid in accordance with Subsections 49-11-901.5(2)(a) and (b), including any remaining amount, the office shall deposit the amount in the: (a) Public Safety Contributory Trust Fund created under Section 49-14-104; and (b) Public Safety Noncontributory Retirement Trust Fund created under Section 49-15-104. (2) The money deposited under this section shall be used to fund an increase for retirees in the public safety retirement systems from a 2.5% maximum annual cost-of-living adjustment to a 4% maximum annual cost-of-living adjustment under Sections 49-14-403 and 49-15-403 in the public safety retirement systems. (3) As required to implement this section, the office shall make the calculations and deposits for the equitable apportionment of money between: (a) Division A1 and B1; and (b) the contributory and noncontributory trust funds.