reglab/statecodes huggingface dataset:
2023 Utah Code › Title 49 - Utah State Retirement and Insurance Benefit Act › Chapter 14 - Public Safety Contributory Retirement Act › Part 4 - Defined Benefit › Section 402 - Calculation of retirement allowance.

49-14-402.
Calculation of retirement allowance.
(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.
Amended by Chapter 264, 2010 General Session
2023 Utah Code › Title 49 - Utah State Retirement and Insurance Benefit Act › Chapter 14 - Public Safety Contributory Retirement Act › Part 5 - Death Benefit › Section 501 - Death of active member in Division A -- Payment of benefits.

Effective 7/1/2018
49-14-501.
Death of active member in Division A -- Payment of benefits.
(1) If an active member of this system enrolled in Division A under Section 49-14-301 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 30% of the deceased member's final average monthly salary; or
(B) if the member has accrued 20 or more years of public safety service credit, the death benefit payable to a surviving spouse under Section 49-14-504.
(b) If the death is not classified by the office as a line-of-duty death, 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 of public safety service credit 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:
(A) the member shall be considered to have retired with an allowance calculated under Section 49-14-402; and
(B) the surviving spouse shall receive the death benefit payable to a surviving spouse under Section 49-14-504.
(2) Except as provided under Subsection (1)(b)(i), benefits are not payable to minor children of members covered under Division A.
(3) If a 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 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.
Amended by Chapter 10, 2018 General Session
Amended by Chapter 450, 2018 General Session
2023 Utah Code › Title 49 - Utah State Retirement and Insurance Benefit Act › Chapter 14 - Public Safety Contributory Retirement Act › Part 5 - Death Benefit › Section 502 - Death of active member in Division B -- Payment of benefits.

Effective 7/1/2018
49-14-502.
Death of active member in Division B -- Payment of benefits.
(1) If an active member of this system enrolled in Division B under Section 49-14-301 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 49-14-504.
(b) If the death is not classified by the office as a line-of-duty death, benefits are payable as follows:
(i) If the member has accrued two or more years of public safety service credit at the time of death, the death is considered a line-of-duty death and the surviving spouse shall receive:
(A) a lump sum of $1,500; and
(B) an allowance as provided under Subsection (1)(a)(ii).
(ii) If 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.
(c)
(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 a monthly allowance of $50.
(ii) Payments shall be made to the surviving parent or to a duly appointed guardian, or as otherwise provided under Sections 49-11-609 and 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 annual payments made to the 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.
Amended by Chapter 450, 2018 General Session
2023 Utah Code › Title 49 - Utah State Retirement and Insurance Benefit Act › Chapter 14 - Public Safety Contributory Retirement Act › Part 5 - Death Benefit › Section 503 - Benefits payable upon death of inactive member.

Effective 5/10/2016
49-14-503.
Benefits payable upon death of inactive member.
(1) If an inactive member who has less than 20 years of public safety 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 public safety service credit dies, the surviving spouse shall receive an allowance in an 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 49-14-402, reduced actuarially from age 50 to the age of the member at the time of death if the member is under age 50 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.
Amended by Chapter 84, 2016 General Session
2023 Utah Code › Title 49 - Utah State Retirement and Insurance Benefit Act › Chapter 14 - Public Safety Contributory Retirement Act › Part 5 - Death Benefit › Section 504 - Benefits payable upon death of retired member -- Enhanced benefit election -- Rulemaking.

Effective 5/10/2016
49-14-504.
Benefits payable upon death of retired member -- Enhanced benefit election -- Rulemaking.
(1) If a retiree who retired under either Division A or Division B dies, the retiree's surviving spouse shall receive an allowance equal to 65% of the allowance that was being paid to the retiree at the time of death.
(2)
(a) Notwithstanding the amount of the allowance under Subsection (1), at the time of retirement, a retiree may elect to increase the surviving spousal death benefit to 75% of an allowance computed in accordance with Section 49-14-402.
(b) If an election is made under Subsection (2)(a), the member's allowance shall be reduced to an amount payable monthly for life to reflect the actuarial equivalent necessary to pay for the increased surviving spousal death benefit above 65%.
(3)
(a) For a retiree whose retirement date is before July 1, 2009, the office shall provide an optional surviving spousal death benefit to bring the total surviving spousal death benefit up to 75% of an allowance computed in accordance with Section 49-14-402.
(b) A retiree may elect to purchase the optional surviving spousal death benefit until July 1, 2010.
(c) If an election is made under Subsection (3)(b), the retiree's allowance shall be reduced to an amount payable monthly for life to reflect the actuarial equivalent necessary to pay for the increased surviving spousal death benefit above 65%.
(d) The board shall make rules to administer the death benefit under this Subsection (3).
(4) If the retiree retired solely under Division B and dies leaving unmarried children under the age of 18 or dependent unmarried children with a mental or physical disability, the children shall qualify for a benefit as prescribed for children under Subsection 49-14-502(1)(c).
(5)
(a) A beneficiary 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.
Amended by Chapter 84, 2016 General Session
2023 Utah Code › Title 49 - Utah State Retirement and Insurance Benefit Act › Chapter 14 - Public Safety Contributory Retirement Act › Part 5 - Death Benefit › Section 505 - Benefits for surviving spouse under Division A or Division B.

Effective 5/10/2016
49-14-505.
Benefits for surviving spouse under Division A or Division B.
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.
Amended by Chapter 84, 2016 General Session
2023 Utah Code › Title 49 - Utah State Retirement and Insurance Benefit Act › Chapter 14 - Public Safety Contributory Retirement Act › Part 5 - Death Benefit › Section 506 - Benefits payable upon death of active or inactive member without spouse or minor children.

Effective 5/10/2016
49-14-506.
Benefits payable upon death of active or inactive member without spouse or minor children.
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.
Amended by Chapter 84, 2016 General Session
2023 Utah Code › Title 49 - Utah State Retirement and Insurance Benefit Act › Chapter 14 - Public Safety Contributory Retirement Act › Part 5 - Death Benefit › Section 507 - Surviving spouse includes certain former spouses -- Benefit calculation for former spouse.

Effective 5/10/2016
49-14-507.
Surviving spouse includes certain former spouses -- Benefit calculation for former spouse.
(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.
Enacted by Chapter 84, 2016 General Session
2023 Utah Code › Title 49 - Utah State Retirement and Insurance Benefit Act › Chapter 14 - Public Safety Contributory Retirement Act › Part 6 - Disability › Section 601 - Long-term disability coverage.

49-14-601.
Long-term disability coverage.
Each participating employer shall cover its public safety employees under Title 49, Chapter 21, Public Employees' Long-Term Disability Act, or a substantially similar long-term disability program.
Enacted by Chapter 240, 2003 General Session
2023 Utah Code › Title 49 - Utah State Retirement and Insurance Benefit Act › Chapter 14 - Public Safety Contributory Retirement Act › Part 6 - Disability › Section 602 - Benefit protection contract.

Effective 7/1/2022
49-14-602.
Benefit protection contract.
(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 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 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 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 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 monthly disability benefit is terminated for any reason, the participating employer shall immediately notify the office of the termination of the monthly disability benefit.
Enacted by Chapter 122, 2022 General Session
2023 Utah Code › Title 49 - Utah State Retirement and Insurance Benefit Act › Chapter 15 - Public Safety Noncontributory Retirement Act › Part 1 - General Provisions › Section 101 - Title.

49-15-101.
Title.
This chapter is known as the "Public Safety Noncontributory Retirement Act."
Renumbered and Amended by Chapter 250, 2002 General Session
2023 Utah Code › Title 49 - Utah State Retirement and Insurance Benefit Act › Chapter 15 - Public Safety Noncontributory Retirement Act › Part 1 - General Provisions › Section 103 - Creation of system.

49-15-103.
Creation of system.
There is created for members performing public safety service and who are employed by a participating employer the "Public Safety Noncontributory Retirement System."
Renumbered and Amended by Chapter 250, 2002 General Session
2023 Utah Code › Title 49 - Utah State Retirement and Insurance Benefit Act › Chapter 15 - Public Safety Noncontributory Retirement Act › Part 1 - General Provisions › Section 104 - Creation of trust fund.

49-15-104.
Creation of trust fund.
(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.
Renumbered and Amended by Chapter 250, 2002 General Session
2023 Utah Code › Title 49 - Utah State Retirement and Insurance Benefit Act › Chapter 15 - Public Safety Noncontributory Retirement Act › Part 2 - Membership Eligibility › Section 203 - Exemption of certain employees from coverage.

Effective 7/1/2020
49-15-203.
Exemption of certain employees from coverage.
(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, an elected sheriff, or an appointed chief of police who is eligible to retire under Section 49-15-401 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.
Amended by Chapter 24, 2020 General Session
2023 Utah Code › Title 49 - Utah State Retirement and Insurance Benefit Act › Chapter 15 - Public Safety Noncontributory Retirement Act › Part 2 - Membership Eligibility › Section 204 - Conversion to system -- Time schedule.

Effective 5/13/2014
49-15-204.
Conversion to system -- Time schedule.
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.
Amended by Chapter 133, 2014 General Session
2023 Utah Code › Title 49 - Utah State Retirement and Insurance Benefit Act › Chapter 15 - Public Safety Noncontributory Retirement Act › Part 3 - Contributions › Section 301 - Contributions -- Two divisions -- Subdivisions.

49-15-301.
Contributions -- Two divisions -- Subdivisions.
(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.
Amended by Chapter 227, 2008 General Session
2023 Utah Code › Title 49 - Utah State Retirement and Insurance Benefit Act › Chapter 15 - Public Safety Noncontributory Retirement Act › Part 4 - Defined Benefit › Section 401 - Eligibility for service retirement -- Date of retirement -- Qualifications.

Effective 7/1/2020
49-15-401.
Eligibility for service retirement -- Date of retirement -- Qualifications.
(1) A member is qualified to receive an allowance from this system when:
(a) except as provided under Subsection (3), the member ceases actual work for every participating employer that employs the member before the member's retirement date and provides evidence of the termination;
(b) the member has submitted to the office a retirement application form that states the member's proposed retirement date; and
(c) one of the following conditions is met as of the member's retirement date:
(i) the member has accrued at least 20 years of service credit;
(ii) the member has accrued at least 10 years of service credit and has attained an age of 60 years; or
(iii) the member has accrued at least four years of service and has attained an age of 65 years.
(2)
(a) The member's retirement date:
(i) shall be the 1st or the 16th day of the month, as selected by the member;
(ii) shall be on or after the date of termination; and
(iii) may not be more than 90 days before or after the date the application is received by the office.
(b) Except as provided under Subsection (3), a member may not be employed by a participating employer in the system established by this chapter on the retirement date selected under Subsection (2)(a)(i).
(3)
(a) A member who is employed by a participating employer and who is also an elected official is not required to cease service as an elected official to be qualified to receive an allowance under Subsection (1), unless the member is retiring from service as an elected official.
(b) A member who is employed by a participating employer and who is also a part-time appointed board member, as described in Subsection 49-11-1203(2), is not required to cease service as a part-time appointed board member to be qualified to receive an allowance under Subsection (1).
(c) A member who is employed by a participating employer, who is also an affiliated emergency services worker as defined in Section 49-11-1202 for a different agency, is not required to cease service as an affiliated emergency services worker to be qualified to receive an allowance under Subsection (1).
(d) A member who is employed by a participating employer and who is also a part-time appointed or elected board member, as defined in Section 49-11-1202, for a different agency is not required to cease service as a part-time appointed or elected board member to be qualified to receive an allowance under Subsection (1).
(4) An exemption from the requirement to cease service and remain qualified to receive an allowance as provided in Subsection (3) is available only for a member who, at the time of retirement, is at least:
(a) 50 years old, if the member is retiring from a public safety system or firefighter system; or
(b) 55 years old.
Amended by Chapter 449, 2020 General Session
2023 Utah Code › Title 49 - Utah State Retirement and Insurance Benefit Act › Chapter 15 - Public Safety Noncontributory Retirement Act › Part 4 - Defined Benefit › Section 402 - Calculation of retirement benefit.

49-15-402.
Calculation of retirement benefit.
(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.
Amended by Chapter 264, 2010 General Session
2023 Utah Code › Title 49 - Utah State Retirement and Insurance Benefit Act › Chapter 15 - Public Safety Noncontributory Retirement Act › Part 5 - Death Benefit › Section 501 - Death of active member in Division A -- Payment of benefits.

Effective 2/21/2018
49-15-501.
Death of active member in Division A -- Payment of benefits.
(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.
Amended by Chapter 10, 2018 General Session
2023 Utah Code › Title 49 - Utah State Retirement and Insurance Benefit Act › Chapter 15 - Public Safety Noncontributory Retirement Act › Part 5 - Death Benefit › Section 502 - Death of active member in Division B -- Payment of benefits.

Effective 7/1/2018
49-15-502.
Death of active member in Division B -- Payment of benefits.
(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.
Amended by Chapter 450, 2018 General Session
2023 Utah Code › Title 49 - Utah State Retirement and Insurance Benefit Act › Chapter 15 - Public Safety Noncontributory Retirement Act › Part 5 - Death Benefit › Section 503 - Benefits payable upon death of inactive member.

Effective 5/10/2016
49-15-503.
Benefits payable upon death of inactive member.
(1) If an inactive member who has less than 20 years of public safety 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 public safety service credit dies, the surviving spouse shall receive an allowance in an 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 49-15-402, 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.
Amended by Chapter 84, 2016 General Session
2023 Utah Code › Title 49 - Utah State Retirement and Insurance Benefit Act › Chapter 15 - Public Safety Noncontributory Retirement Act › Part 5 - Death Benefit › Section 504 - Benefits payable upon death of retired member -- Enhanced benefit election -- Rulemaking.

Effective 5/10/2016
49-15-504.
Benefits payable upon death of retired member -- Enhanced benefit election -- Rulemaking.
(1) If a retiree who retired under either Division A or Division B dies, the retiree's surviving spouse shall receive an allowance equal to 65% of the allowance that was being paid to the retiree at the time of death.
(2)
(a) Notwithstanding the amount of the allowance under Subsection (1), at the time of retirement, a retiree may elect to increase the spousal death benefit to 75% of an allowance computed in accordance with Section 49-15-402.
(b) If an election is made under Subsection (2)(a), the member's allowance shall be reduced to an amount payable monthly for life to reflect the actuarial equivalent necessary to pay for the increased spousal death benefit above 65%.
(3)
(a) For a retiree whose retirement date is before July 1, 2009, the office shall provide an optional spousal death benefit to bring the total spousal death benefit up to 75% of an allowance computed in accordance with Section 49-15-402.
(b) A retiree may elect to purchase the optional spousal death benefit until July 1, 2010.
(c) If an election is made under Subsection (3)(b), the retiree's allowance shall be reduced to an amount payable monthly for life to reflect the actuarial equivalent necessary to pay for the increased spousal death benefit above 65%.
(d) The board shall make rules to administer the death benefit under this Subsection (3).
(4) If the retiree retired solely under Division B and dies leaving unmarried children under the age of 18 or dependent unmarried children with a mental or physical disability, the children shall qualify for a benefit as prescribed under Subsection 49-15-502(1)(d).
(5)
(a) A beneficiary 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.
Amended by Chapter 84, 2016 General Session
2023 Utah Code › Title 49 - Utah State Retirement and Insurance Benefit Act › Chapter 15 - Public Safety Noncontributory Retirement Act › Part 5 - Death Benefit › Section 505 - Benefits for surviving spouse under Division A or Division B.

Effective 5/10/2016
49-15-505.
Benefits for surviving spouse under Division A or Division B.
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.
Amended by Chapter 84, 2016 General Session
2023 Utah Code › Title 49 - Utah State Retirement and Insurance Benefit Act › Chapter 15 - Public Safety Noncontributory Retirement Act › Part 5 - Death Benefit › Section 506 - Benefits payable upon death of active or inactive member without spouse or minor children.

Effective 5/10/2016
49-15-506.
Benefits payable upon death of active or inactive member without spouse or minor children.
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.
Amended by Chapter 84, 2016 General Session
2023 Utah Code › Title 49 - Utah State Retirement and Insurance Benefit Act › Chapter 15 - Public Safety Noncontributory Retirement Act › Part 5 - Death Benefit › Section 507 - Surviving spouse includes certain former spouses -- Benefit calculation for former spouse.

Effective 5/10/2016
49-15-507.
Surviving spouse includes certain former spouses -- Benefit calculation for former spouse.
(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.
Enacted by Chapter 84, 2016 General Session
2023 Utah Code › Title 49 - Utah State Retirement and Insurance Benefit Act › Chapter 15 - Public Safety Noncontributory Retirement Act › Part 6 - Disability › Section 601 - Long-term disability coverage.

49-15-601.
Long-term disability coverage.
Each participating employer shall cover its public safety employees under Title 49, Chapter 21, Public Employees' Long-Term Disability Act, or a substantially similar long-term disability program.
Enacted by Chapter 240, 2003 General Session
2023 Utah Code › Title 49 - Utah State Retirement and Insurance Benefit Act › Chapter 15 - Public Safety Noncontributory Retirement Act › Part 6 - Disability › Section 602 - Benefit protection contract.

Effective 7/1/2022
49-15-602.
Benefit protection contract.
(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 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 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 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 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 monthly disability benefit is terminated for any reason, the participating employer shall immediately notify the office of the termination of the monthly disability benefit.
Enacted by Chapter 122, 2022 General Session
2023 Utah Code › Title 49 - Utah State Retirement and Insurance Benefit Act › Chapter 16 - Firefighters' Retirement Act › Part 1 - General Provisions › Section 103 - Creation of system.

49-16-103.
Creation of system.
There is created for members performing firefighter service and who are employed by a participating employer the "Firefighters' Retirement System."
Renumbered and Amended by Chapter 250, 2002 General Session
2023 Utah Code › Title 49 - Utah State Retirement and Insurance Benefit Act › Chapter 16 - Firefighters' Retirement Act › Part 1 - General Provisions › Section 104 - Creation of trust fund.

49-16-104.
Creation of trust fund.
(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.
Renumbered and Amended by Chapter 250, 2002 General Session
2023 Utah Code › Title 49 - Utah State Retirement and Insurance Benefit Act › Chapter 16 - Firefighters' Retirement Act › Part 2 - Membership Eligibility › Section 202 - Participation of employers -- Full participation in system -- Supplemental programs authorized.

49-16-202.
Participation of employers -- Full participation in system -- Supplemental programs authorized.
(1) An employer that employs firefighter 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 of its firefighter 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 16, Firefighters' Retirement Act; or
(d)Chapter 23, New Public Safety and Firefighter Tier II Contributory Retirement Act.
(2) Any employer that covers its firefighter 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 firefighter service employees under the Firefighters' Retirement System, that participating employer shall cover all of its firefighter service employees under that system, except for a firefighter service employee initially entering employment with a participating employer on or after July 1, 2011.
(4)
(a) Until June 30, 2011, an employer that is not participating in this system may, by resolution of its governing body submitted to the board, apply for coverage of its firefighter service employees by this system.
(b) Upon approval of the board, the employer shall become a participating employer in this system subject to this title.
(5) A participating employer may not withdraw from this system.
(6) 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 firefighter service employees.
Amended by Chapter 266, 2010 General Session
2023 Utah Code › Title 49 - Utah State Retirement and Insurance Benefit Act › Chapter 16 - Firefighters' Retirement Act › Part 2 - Membership Eligibility › Section 203 - Exemption of certain employees from coverage -- Exception.

Effective 7/1/2020
49-16-203.
Exemption of certain employees from coverage -- Exception.
(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.
Amended by Chapter 24, 2020 General Session