reglab/housing_qa huggingface dataset:
UT Code § 49-22-403 (2021)
2021 Utah Code|Title 49 - Utah State Retirement and Insurance Benefit Act|Chapter 22 - New Public Employees' Tier II Contributory Retirement Act|Part 4 - Tier II Defined Contribution Plan|Section 403 - Eligibility to receive a retirement allowance for a benefit tied to a retirement date for defined contribution members.

 Effective 7/1/2021  49-22-403. Eligibility to receive a retirement allowance for a benefit tied to a retirement date for defined contribution members.    (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.    Amended by Chapter 345, 2021 General Session
UT Code § 49-22-501 (2021)
2021 Utah Code|Title 49 - Utah State Retirement and Insurance Benefit Act|Chapter 22 - New Public Employees' Tier II Contributory Retirement Act|Part 5 - Death Benefit|Section 501 - Death benefit -- Eligibility for death benefit -- Benefit calculation -- Payment of claim.

49-22-501. Death benefit -- Eligibility for death benefit -- Benefit calculation -- Payment of claim.    (1) The office shall provide a death benefit for members of this system.     (2) The board shall make rules to administer the death benefit provided by this section and may, in accordance with federal law, establish:   (a) benefit levels;     (b) classes of members; and     (c) a living benefit option.       (3) This death benefit is payable when:   (a) the member dies prior to the member's retirement date or dies under circumstances which Subsection 49-22-305(4) requires to be treated as the death of a member before retirement;     (b) the office receives acceptable proof of death; and     (c) benefits are not payable under Section 49-22-307.       (4) The death benefit payable to the beneficiary under this section is a lump-sum payment consisting of:   (a) the return of any member contributions under this chapter; plus     (b) a percentage of the final average salary of the member to be determined by the board.       (5) Any amount of a living benefit option paid to the member prior to death shall be deducted from the benefit payable to the beneficiary.     (6) The cost of the death benefit shall be paid by the participating employer in addition to the contribution rate established under Section 49-22-301 or 49-22-401.     (7) The portion of the death benefit provided under Subsection (4)(b) may not be paid to the beneficiary of an inactive member unless the death of the member occurs either:   (a) within a period of 120 days after the last day of work for which the person received compensation; or     (b) while the member is still physically or mentally incapacitated from performance of duties, if the incapacity has been continuous since the last day of work for which compensation was received.       (8) The death benefit provided under Subsection (4)(b) shall be paid in accordance with Sections 49-11-609 and 49-11-610.     (9) The death benefit paid to the beneficiary of an inactive member, except as otherwise provided under Subsection (7), is a lump-sum return of the member's member contributions.     (10) Payment of the death benefit by the office constitutes a full settlement of any beneficiary's claim against the office and the office is not liable for any further or additional claims or assessments on behalf of the member.     (11) Unless otherwise specified in a written document filed with the office, death benefits payable to beneficiaries shall be in accordance with the order of precedence established under Title 75, Chapter 2, Intestate Succession and Wills.     (12) A death benefit under this section may not be paid on behalf of a retiree under this system.    Amended by Chapter 316, 2013 General Session
UT Code § 49-22-503 (2021)
2021 Utah Code|Title 49 - Utah State Retirement and Insurance Benefit Act|Chapter 22 - New Public Employees' Tier II Contributory Retirement Act|Part 5 - Death Benefit|Section 503 - Death of members -- Exemption from vesting requirements for employer nonelective contributions to defined contribution plan.

 Effective 5/12/2015  49-22-503. Death of members -- Exemption from vesting requirements for employer nonelective contributions to defined contribution plan.    (1)   (a) If an active member dies, employer nonelective contributions made on behalf of the employee to a defined contribution plan under Section 49-22-303 or 49-22-401 are exempt from the vesting requirements of Subsections 49-22-303(2)(a) and 49-22-401(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 49-22-501 and 49-22-502.    Enacted by Chapter 315, 2015 General Session
UT Code § 49-22-601 (2021)
2021 Utah Code|Title 49 - Utah State Retirement and Insurance Benefit Act|Chapter 22 - New Public Employees' Tier II Contributory Retirement Act|Part 6 - Disability|Section 601 - Long-term disability coverage.

49-22-601. Long-term disability coverage.  In accordance with Section 49-21-201, the state shall cover all of its eligible employees under Chapter 21, Public Employees' Long-Term Disability Act.  Enacted by Chapter 266, 2010 General Session
UT Code § 49-23-101 (2021)
2021 Utah Code|Title 49 - Utah State Retirement and Insurance Benefit Act|Chapter 23 - New Public Safety and Firefighter Tier II Contributory Retirement Act|Part 1 - General Provisions|Section 101 - Title.

49-23-101. Title.  This chapter is known as the "New Public Safety and Firefighter Tier II Contributory Retirement Act."  Enacted by Chapter 266, 2010 General Session
UT Code § 49-23-103 (2021)
2021 Utah Code|Title 49 - Utah State Retirement and Insurance Benefit Act|Chapter 23 - New Public Safety and Firefighter Tier II Contributory Retirement Act|Part 1 - General Provisions|Section 103 - Creation of system.

 Effective 7/1/2019  49-23-103. Creation of system.    (1) There is created for members employed by a participating employer the "New Public Safety and Firefighter Tier II Contributory Retirement System."     (2) The New Public Safety and Firefighter Tier II Contributory Retirement System includes:   (a) the Tier II hybrid retirement system created in Part 3, Tier II Hybrid Retirement System; and     (b) the Tier II defined contribution plan created in Part 4, Tier II Defined Contribution Plan.       (3) The system may also be known and function as the Public Safety and Firefighter Tier 2 Contributory Retirement System, the Tier 2 Hybrid Retirement System, and the Tier 2 Defined Contribution Plan.    Amended by Chapter 31, 2019 General Session
UT Code § 49-23-104 (2021)
2021 Utah Code|Title 49 - Utah State Retirement and Insurance Benefit Act|Chapter 23 - New Public Safety and Firefighter Tier II Contributory Retirement Act|Part 1 - General Provisions|Section 104 - Creation of trust fund.

49-23-104. Creation of trust fund.    (1) There is created the "New Public Safety and Firefighter Tier II Contributory Retirement Trust Fund" for the purpose of paying the benefits and costs of administering the defined benefit portion of this system.     (2) The fund shall consist of 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) Custody, management, and investment of the fund shall be governed by Chapter 11, Utah State Retirement Systems Administration.    Enacted by Chapter 266, 2010 General Session
UT Code § 49-23-202 (2021)
2021 Utah Code|Title 49 - Utah State Retirement and Insurance Benefit Act|Chapter 23 - New Public Safety and Firefighter Tier II Contributory Retirement Act|Part 2 - Membership Eligibility|Section 202 - Participation of employers -- Admission requirements.

 Effective 5/5/2021  49-23-202. Participation of employers -- Admission requirements.    (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.      Amended by Chapter 193, 2021 General Session
UT Code § 49-23-301 (2021)
2021 Utah Code|Title 49 - Utah State Retirement and Insurance Benefit Act|Chapter 23 - New Public Safety and Firefighter Tier II Contributory Retirement Act|Part 3 - Tier II Hybrid Retirement System|Section 301 - Contributions.

 Effective 7/1/2020  49-23-301. Contributions.    (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 in accordance with Subsection (2).     (2)   (a) A participating employer shall pay up to 14% of compensation toward the certified contribution rate to the office for the defined benefit portion of this system.     (b) Except as provided in Subsection (2)(c), a member shall 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) A participating employer may elect to pay all or part of the required member contribution under Subsection (2)(b) on behalf of the member as an employer pick up under 26 U.S.C. Sec. 414(h)(2), in addition to the required participating employer contribution under Subsection (2)(a).     (d) 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) 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.       (4)   (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.       (5) Except as provided under Subsection (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 49-23-309.       (6)   (a) The Legislature authorizes increases to the death benefit provided to a Tier II public safety service employee or firefighter member's surviving spouse effective on May 12, 2015, and July 1, 2020, as provided in Section 49-23-503.     (b)   (i) The Legislature authorizes an increase to the multiplier for the calculation of the retirement allowance provided to a member of the New Public Safety and Firefighter Tier II hybrid retirement system effective July 1, 2020, as provided in Section 49-23-304.     (ii) The requirements of Section 49-22-310 do not apply to the benefit adjustment described in this Subsection (6)(b).        Amended by Chapter 437, 2020 General Session
UT Code § 49-23-305 (2021)
2021 Utah Code|Title 49 - Utah State Retirement and Insurance Benefit Act|Chapter 23 - New Public Safety and Firefighter Tier II Contributory Retirement Act|Part 3 - Tier II Hybrid Retirement System|Section 305 - Allowance payable by lump-sum payment.

49-23-305. Allowance payable by lump-sum payment.    (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.    Enacted by Chapter 266, 2010 General Session
UT Code § 49-23-306 (2021)
2021 Utah Code|Title 49 - Utah State Retirement and Insurance Benefit Act|Chapter 23 - New Public Safety and Firefighter Tier II Contributory Retirement Act|Part 3 - Tier II Hybrid Retirement System|Section 306 - Lump-sum death benefit for retiree and spouse.

49-23-306. Lump-sum death benefit for retiree and spouse.    (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.      Enacted by Chapter 266, 2010 General Session
UT Code § 49-23-307 (2021)
2021 Utah Code|Title 49 - Utah State Retirement and Insurance Benefit Act|Chapter 23 - New Public Safety and Firefighter Tier II Contributory Retirement Act|Part 3 - Tier II Hybrid Retirement System|Section 307 - Defined benefit annual cost-of-living adjustment.

49-23-307. Defined benefit annual cost-of-living adjustment.    (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.    Enacted by Chapter 266, 2010 General Session
UT Code § 49-23-308 (2021)
2021 Utah Code|Title 49 - Utah State Retirement and Insurance Benefit Act|Chapter 23 - New Public Safety and Firefighter Tier II Contributory Retirement Act|Part 3 - Tier II Hybrid Retirement System|Section 308 - Purchase of service credit -- Conditions -- Cost -- Nondiscrimination policy.

49-23-308. Purchase of service credit -- Conditions -- Cost -- Nondiscrimination policy.    (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.    Enacted by Chapter 266, 2010 General Session
UT Code § 49-23-309 (2021)
2021 Utah Code|Title 49 - Utah State Retirement and Insurance Benefit Act|Chapter 23 - New Public Safety and Firefighter Tier II Contributory Retirement Act|Part 3 - Tier II Hybrid Retirement System|Section 309 - Defined benefit adjustments -- Conditions -- Process -- Future years accrual.

 Effective 7/1/2019  49-23-309. Defined benefit adjustments -- Conditions -- Process -- Future years accrual.    (1) In accordance with this section, the Legislature may make adjustments to the benefits provided for the defined benefit portion of the Tier II Hybrid Retirement System created under this part if the member's contribution required under Subsection 49-23-301(2)(b) to the certified contribution rate for the defined benefit portion of this system exceeds 2% of the member's salary and:   (a)   (i) the membership council created under Section 49-11-205 recommends an adjustment to the board in accordance with Subsection (2); and     (ii) the board recommends specific adjustments to the Legislature in accordance with Subsection (2); or       (b) an actuarial study that conforms with generally accepted actuarial principles and practices and with the Actuarial Standards of Practice issued by the Actuarial Standards Board and requested or commissioned by the board or the Legislature concludes:   (i) there is a significant likelihood that contribution rates will continue to rise; and     (ii) that participating employers are liable for system costs above the contribution rate established under Subsection 49-23-301(2)(a).         (2) If the conditions under Subsection (1)(a) or (b) are met, the Legislature may adjust benefits for the defined benefit portion of the Tier II Hybrid Retirement System accrued or applied for future years of service including:   (a) the final average salary calculation provided under Section 49-23-102;     (b) the years of service required to be eligible to receive a retirement allowance under Section 49-23-303;     (c) the years of service credit multiplier established under Subsection 49-23-304(2)(a);     (d) the annual cost-of-living adjustment under Section 49-23-307; or     (e) other provisions of the defined benefit portion of the Tier II Hybrid Retirement System.       (3)   (a) Notwithstanding the provisions of Subsections (1) and (2), the Legislature may make adjustments to the benefits provided for the defined benefit portion of the Tier II Hybrid Retirement System created under this part if an actuarial study described under Subsection (1)(b) concludes, due to current and projected economic conditions, member participation levels, and system structure, that the system:   (i) cannot reasonably be sustained under its current provisions;     (ii) is critically underfunded; and     (iii) has become unstable and is in risk of collapse.       (b) Subject to federal law, the adjustments under Subsection (3)(a) may include:   (i) conversion to a different type of retirement plan;     (ii) equitable distribution of system assets to retirees and members; and     (iii) a closure of the system.        Amended by Chapter 31, 2019 General Session
UT Code § 49-23-402 (2021)
2021 Utah Code|Title 49 - Utah State Retirement and Insurance Benefit Act|Chapter 23 - New Public Safety and Firefighter Tier II Contributory Retirement Act|Part 4 - Tier II Defined Contribution Plan|Section 402 - Defined contribution distributions for disabled members.

49-23-402. Defined contribution distributions for disabled members.  For a person who is disabled and receives contributions under Subsection 49-11-404(4)(b), the disabled member may begin receiving distributions from the defined contributions made by the participating employer on behalf of the disabled member 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.  Enacted by Chapter 266, 2010 General Session
UT Code § 49-23-403 (2021)
2021 Utah Code|Title 49 - Utah State Retirement and Insurance Benefit Act|Chapter 23 - New Public Safety and Firefighter Tier II Contributory Retirement Act|Part 4 - Tier II Defined Contribution Plan|Section 403 - Eligibility to receive a retirement allowance for a benefit tied to a retirement date for defined contribution members.

 Effective 7/1/2021  49-23-403. Eligibility to receive a retirement allowance for a benefit tied to a retirement date for defined contribution members.    (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.    Amended by Chapter 345, 2021 General Session