reglab/statecodes huggingface dataset:
2023 Utah Code › Title 49 - Utah State Retirement and Insurance Benefit Act › Chapter 20 - Public Employees' Benefit and Insurance Program Act › Part 5 - Pharmacy Benefits Manager Act › Section 503 - Request for proposals for pharmacy benefits manager for Public Employees' Benefit and Insurance Program.

49-20-503.
Request for proposals for pharmacy benefits manager for Public Employees' Benefit and Insurance Program.
(1) When the board issues a request for proposals for a pharmacy benefits manager to provide pharmacy benefits management services for the program, the request for proposals shall:
(a) require each responder to comply with the pharmacy audit provisions of Section 58-17b-622; and
(b) provide each responder with the option to include, among the billing options proposed, a billing option that complies with the requirements described in this section.
(2) The billing option described in Subsection (1) shall require the pharmacy benefits manager to, on at least a monthly basis, submit to the board an invoice for all pharmacy services paid by the pharmacy benefits manager on behalf of the program since the last request for payment or reimbursement.
(3) The invoice described in Subsection (2) shall state, as a separate item from any other amount:
(a) the total amount due to the pharmacy benefits manager for all pharmacy services billed in the invoice; and
(b) the total amount paid by the pharmacy benefits manager for the same pharmacy services for which payment is sought in that invoice.
Amended by Chapter 265, 2012 General Session
2023 Utah Code › Title 49 - Utah State Retirement and Insurance Benefit Act › Chapter 21 - Public Employees' Long-Term Disability Act › Part 1 - General Provisions › Section 101 - Title.

49-21-101.
Title.
This chapter is known as the "Public Employees' Long-Term Disability Act."
Renumbered and Amended by Chapter 250, 2002 General Session
2023 Utah Code › Title 49 - Utah State Retirement and Insurance Benefit Act › Chapter 21 - Public Employees' Long-Term Disability Act › Part 1 - General Provisions › Section 103 - Creation of program.

49-21-103.
Creation of program.
There is created for eligible employees the "Public Employees' Long-Term Disability Program."
Renumbered and Amended by Chapter 250, 2002 General Session
2023 Utah Code › Title 49 - Utah State Retirement and Insurance Benefit Act › Chapter 21 - Public Employees' Long-Term Disability Act › Part 1 - General Provisions › Section 104 - Creation of trust fund.

49-21-104.
Creation of trust fund.
(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.
Renumbered and Amended by Chapter 250, 2002 General Session
2023 Utah Code › Title 49 - Utah State Retirement and Insurance Benefit Act › Chapter 21 - Public Employees' Long-Term Disability Act › Part 1 - General Provisions › Section 105 - Purpose -- Flexibility -- Administration.

49-21-105.
Purpose -- Flexibility -- Administration.
(1) The purpose of this chapter is to provide long-term disability benefits for an eligible employee.
(2) Subject to the provisions of Section 49-21-201, the program may include one or more long-term disability benefit plans that differ from the benefit plan specified by this chapter for an eligible employee of a covered employer as defined under Section 49-20-102.
(3) The program shall be administered by the office, under policies and rules adopted by the board.
Amended by Chapter 66, 2013 General Session
2023 Utah Code › Title 49 - Utah State Retirement and Insurance Benefit Act › Chapter 21 - Public Employees' Long-Term Disability Act › Part 2 - Membership Eligibility › Section 201 - Program membership -- Eligibility.

49-21-201.
Program membership -- Eligibility.
(1) The state shall cover all of its eligible employees under this chapter.
(2) Public safety service employees, as defined in Sections 49-14-102, 49-15-102, and 49-23-102 shall be covered under this chapter or a substantially similar long-term disability program in accordance with the provisions of Section 49-14-601, 49-15-601, or 49-23-601.
(3) Beginning on July 1, 2011, firefighter service employees, as defined in Section 49-23-102, initially entering employment on or after July 1, 2011, and volunteer firefighters, as defined in Section 49-23-102, shall be covered under this chapter in accordance with the provisions of Section 49-23-601.
(4) Except as provided under Subsection (5), all other employers may provide coverage for their eligible employees under this chapter.
(5) If an employer elects to cover any of its eligible employees under this chapter, all of its eligible employees shall be covered.
(6) Except as provided under Subsections (1) and (2), nothing in this chapter requires any employer to cover its eligible employees under this chapter.
(7) The following employees are not eligible for coverage under this chapter:
(a) firefighter service employees, as defined under Section 49-16-102, that initially entered employment prior to July 1, 2011; and
(b) legislators.
Amended by Chapter 298, 2012 General Session
2023 Utah Code › Title 49 - Utah State Retirement and Insurance Benefit Act › Chapter 21 - Public Employees' Long-Term Disability Act › Part 3 - Contributions › Section 301 - Contributions to fund program -- Adjustment of premium rate.

49-21-301.
Contributions to fund program -- Adjustment of premium rate.
(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.
Renumbered and Amended by Chapter 250, 2002 General Session
2023 Utah Code › Title 49 - Utah State Retirement and Insurance Benefit Act › Chapter 21 - Public Employees' Long-Term Disability Act › Part 4 - Disability Benefits › Section 404 - Annual adjustment to disability benefit.

49-21-404.
Annual adjustment to disability benefit.
(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.
Amended by Chapter 240, 2003 General Session
2023 Utah Code › Title 49 - Utah State Retirement and Insurance Benefit Act › Chapter 21 - Public Employees' Long-Term Disability Act › Part 4 - Disability Benefits › Section 405 - Disability benefit -- Exclusions.

49-21-405.
Disability benefit -- Exclusions.
A monthly disability benefit is not payable for the following:
(1) self-inflicted injury;
(2) alcoholism;
(3) substance abuse;
(4) disability arising from or caused by acts of aggression committed by the eligible employee; or
(5) the eligible employee committing or attempting to commit a felony or other illegal act.
Renumbered and Amended by Chapter 250, 2002 General Session
2023 Utah Code › Title 49 - Utah State Retirement and Insurance Benefit Act › Chapter 21 - Public Employees' Long-Term Disability Act › Part 4 - Disability Benefits › Section 406 - Rehabilitative employment -- Interview by disability specialist -- Maintaining eligibility -- Additional treatment and care.

Effective 7/1/2023
49-21-406.
Rehabilitative employment -- Interview by disability specialist -- Maintaining eligibility -- Additional treatment and care.
(1)
(a) If an eligible employee, during a period of total disability for which the monthly disability benefit is payable, engages in approved rehabilitative employment, the monthly disability benefit otherwise payable shall be reduced:
(i) by an amount equal to 50% of the income to which the eligible employee is entitled for the employment during the month; and
(ii) so that the combined amount received from the rehabilitative employment and the monthly disability payment does not exceed 100% of the eligible employee's monthly salary prior to the employee's disability.
(b) This rehabilitative benefit is payable for up to two years or to the end of the maximum benefit period, whichever occurs first.
(2)
(a) The office shall review an eligible employee's total disability at least one time each year.
(b) The office shall interview each eligible employee receiving a monthly disability benefit.
(c) The office may refer the eligible employee to a rehabilitative or vocational specialist for a review of the eligible employee's condition and a written rehabilitation plan and return to work assistance.
(3) If an eligible employee receiving a monthly disability benefit fails to participate in an office-approved rehabilitation program within the limitations set forth by a physician or physician assistant, the monthly disability benefit may be reduced, suspended, or terminated.
(4) The office may, as a condition of paying a monthly disability benefit, require that the eligible employee receive medical care and treatment if that treatment is reasonable or usual according to current medical practices.
Amended by Chapter 37, 2023 General Session
Amended by Chapter 274, 2023 General Session
2023 Utah Code › Title 49 - Utah State Retirement and Insurance Benefit Act › Chapter 21 - Public Employees' Long-Term Disability Act › Part 4 - Disability Benefits › Section 408 - Limitation of service credit accrual -- Disability benefits from a long-term disability program other than under this chapter.

Effective 3/3/2014
49-21-408.
Limitation of service credit accrual -- Disability benefits from a long-term disability program other than under this chapter.
Beginning on July 1, 2014, an eligible employee who receives a monthly disability benefit from a long-term disability program other than under this chapter and who is eligible for service credit under a system or plan shall accrue service credit in that system or plan until the earlier of:
(1) the date of the eligible employee's death;
(2) the date the eligible employee retires from the system or plan; or
(3) the date the eligible employee has accumulated or would have accumulated service credit in a defined benefit system or plan under this title, sufficient to be eligible to retire with an unreduced allowance, if the employee had not:
(a) chosen a defined contribution plan under Title 49, Chapter 22, Part 4, Tier II Defined Contribution Plan, or under Title 49, Chapter 23, Part 4, Tier II Defined Contribution Plan;
(b) been a volunteer firefighter; or
(c) been exempted from a retirement system or plan under this title.
Enacted by Chapter 15, 2014 General Session
2023 Utah Code › Title 49 - Utah State Retirement and Insurance Benefit Act › Chapter 21 - Public Employees' Long-Term Disability Act › Part 4 - Disability Benefits › Section 409 - Violations -- Penalties.

Effective 7/1/2017
49-21-409.
Violations -- Penalties.
In addition to other remedies provided in this title, if an eligible employee knowingly makes a material misrepresentation to the program or knowingly fails to disclose the award or receipt of amounts to the program as required under Section 49-21-402, the program may:
(1) suspend the monthly disability benefits to the eligible employee;
(2) terminate all monthly disability benefits to the eligible employee;
(3) terminate or cancel any other benefits provided under this title during a period of total disability; or
(4) require the eligible employee to repay the amount of any overpayment resulting from the violation to the program.
Enacted by Chapter 34, 2017 General Session
2023 Utah Code › Title 49 - Utah State Retirement and Insurance Benefit Act › Chapter 22 - New Public Employees' Tier II Contributory Retirement Act › Part 1 - General Provisions › Section 101 - Title.

49-22-101.
Title.
This chapter is known as the "New Public Employees' Tier II Contributory Retirement Act."
Enacted by Chapter 266, 2010 General Session
2023 Utah Code › Title 49 - Utah State Retirement and Insurance Benefit Act › Chapter 22 - New Public Employees' Tier II Contributory Retirement Act › Part 1 - General Provisions › Section 103 - Creation of system.

Effective 7/1/2019
49-22-103.
Creation of system.
(1) There is created for members employed by a participating employer the "New Public Employees' Tier II Contributory Retirement System."
(2) The New Public Employees' 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 Employees' 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
2023 Utah Code › Title 49 - Utah State Retirement and Insurance Benefit Act › Chapter 22 - New Public Employees' Tier II Contributory Retirement Act › Part 1 - General Provisions › Section 104 - Creation of trust fund.

49-22-104.
Creation of trust fund.
(1) There is created the "New Public Employees' 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
2023 Utah Code › Title 49 - Utah State Retirement and Insurance Benefit Act › Chapter 22 - New Public Employees' Tier II Contributory Retirement Act › Part 2 - Membership Eligibility › Section 202 - Participation of employers -- Limitations -- Exclusions -- Admission requirements.

Effective 3/22/2018
49-22-202.
Participation of employers -- Limitations -- Exclusions -- Admission requirements.
(1) Unless excluded under Subsection (2), an employer is a participating employer and may not withdraw from participation in this system.
(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 before 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 its 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; or
(c) an employer that is a risk management association initially created by interlocal agreement before 1986 for the purpose of implementing a self-insurance joint protection program for the benefit of member municipalities of the association.
(3) If an employer that may be excluded under Subsection (2)(a)(i) elects at any time to provide or participate in any type of public or private retirement, supplemental or defined contribution plan, either directly or indirectly, except for Social Security, the employer shall be a participating employer in this system regardless of whether the employer has applied for admission under Subsection (4).
(4)
(a) An employer may, by resolution of its 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.
(5) 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:
(a) shall purchase 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
(b) shall comply with the provisions of Section 49-11-403.
Amended by Chapter 415, 2018 General Session
2023 Utah Code › Title 49 - Utah State Retirement and Insurance Benefit Act › Chapter 22 - New Public Employees' Tier II Contributory Retirement Act › Part 3 - Tier II Hybrid Retirement System › Section 301 - Contributions.

49-22-301.
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.
(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.
Amended by Chapter 439, 2011 General Session
2023 Utah Code › Title 49 - Utah State Retirement and Insurance Benefit Act › Chapter 22 - New Public Employees' Tier II Contributory Retirement Act › Part 3 - Tier II Hybrid Retirement System › Section 302 - Purchase of service credit.

49-22-302.
Purchase of service credit.
A member who works 20 or more hours per week for a participating employer participating in this system, but who does not meet other eligibility requirements for service credit, may purchase the service credit in accordance with Section 49-11-403.
Enacted by Chapter 266, 2010 General Session
2023 Utah Code › Title 49 - Utah State Retirement and Insurance Benefit Act › Chapter 22 - New Public Employees' Tier II Contributory Retirement Act › Part 3 - Tier II Hybrid Retirement System › Section 306 - Allowance payable by lump-sum payment.

49-22-306.
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
2023 Utah Code › Title 49 - Utah State Retirement and Insurance Benefit Act › Chapter 22 - New Public Employees' Tier II Contributory Retirement Act › Part 3 - Tier II Hybrid Retirement System › Section 307 - Lump-sum death benefit for retiree and spouse.

49-22-307.
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
2023 Utah Code › Title 49 - Utah State Retirement and Insurance Benefit Act › Chapter 22 - New Public Employees' Tier II Contributory Retirement Act › Part 3 - Tier II Hybrid Retirement System › Section 308 - Defined benefit annual cost-of-living adjustment.

49-22-308.
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 49-22-305, 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
2023 Utah Code › Title 49 - Utah State Retirement and Insurance Benefit Act › Chapter 22 - New Public Employees' Tier II Contributory Retirement Act › Part 3 - Tier II Hybrid Retirement System › Section 309 - Purchase of service credit -- Conditions -- Cost -- Nondiscrimination policy.

49-22-309.
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
2023 Utah Code › Title 49 - Utah State Retirement and Insurance Benefit Act › Chapter 22 - New Public Employees' Tier II Contributory Retirement Act › Part 3 - Tier II Hybrid Retirement System › Section 310 - Defined benefit adjustments -- Conditions -- Process -- Future years accrual.

Effective 7/1/2020
49-22-310.
Defined benefit adjustments -- Conditions -- Process -- Future years accrual.
(1) In accordance with this section and except as provided in Subsection 49-23-301(6)(b), 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 49-22-301(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 49-22-301(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 49-22-102;
(b) the years of service required to be eligible to receive a retirement allowance under Section 49-22-304;
(c) the years of service credit multiplier established under Subsection 49-22-305(2)(a);
(d) the annual cost-of-living adjustment under Section 49-22-308; 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
Amended by Chapter 484, 2019 General Session
2023 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 402 - Defined contribution distributions for members with a disability.

49-22-402.
Defined contribution distributions for members with a disability.
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.
Amended by Chapter 366, 2011 General Session
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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 5/3/2023
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 49-23-309 do not apply to the benefit adjustment described in this Subsection (6)(b).
Amended by Chapter 37, 2023 General Session
2023 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
2023 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
2023 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
2023 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