reglab/statecodes huggingface dataset:
2023 Utah Code › Title 49 - Utah State Retirement and Insurance Benefit Act › Chapter 16 - Firefighters' Retirement Act › Part 3 - Contributions › Section 301 - Contributions -- Two divisions -- Election by employer to pay employee contributions -- Accounting for and vesting of worker contributions -- Deductions.

49-16-301.
Contributions -- Two divisions -- Election by employer to pay employee contributions -- Accounting for and vesting of worker contributions -- Deductions.
(1) In addition to the money paid to this system under Section 49-11-901.5, participating employers and firefighter service employees shall jointly 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 as follows:
(a) members of this system with on-the-job Social Security coverage are in Division A; and
(b) members of this system without on-the-job Social Security coverage are in Division B.
(3)
(a) A participating employer may elect to pay all or part of the required member contributions, in addition to the required participating employer contributions.
(b) Any amount contributed by a participating employer under this section shall vest to the member's benefit as though the member had made the contribution.
(c) The required member contributions shall be reduced by the amount that is paid by the participating employer.
(4)
(a) All member contributions are credited by the office to the account of the individual member.
(b) This amount is held in trust for the payment of benefits to the member or the member's beneficiaries.
(c) All member contributions are 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 to be full payment for services rendered by the member.
Amended by Chapter 290, 2011 General Session
Amended by Chapter 439, 2011 General Session
2023 Utah Code › Title 49 - Utah State Retirement and Insurance Benefit Act › Chapter 16 - Firefighters' Retirement Act › Part 4 - Defined Benefit › Section 401 - Eligibility for service retirement -- Date of retirement -- Qualifications.

Effective 7/1/2020
49-16-401.
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 credit 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 firefighter service employee;
(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 16 - Firefighters' Retirement Act › Part 4 - Defined Benefit › Section 402 - Calculation of retirement allowance.

49-16-402.
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) The minimum allowance payable under this section is $500.
(3)
(a) Except as modified by cost-of-living adjustments and except as provided under Subsection (3)(b), an allowance under this system may not exceed 70% of a firefighter service employee's final average monthly salary.
(b) The allowance limitation under Subsection (3)(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 16 - Firefighters' Retirement Act › Part 4 - Defined Benefit › Section 403 - Annual cost-of-living adjustment.

49-16-403.
Annual cost-of-living adjustment.
(1) The office shall make an annual cost-of-living adjustment to:
(a) an original allowance paid under Section 49-16-402, Part 5, Death Benefit, and Part 6, Disability Benefit, of this chapter if the allowance has been paid for at least one year; and
(b) an original payment made to an alternate payee under a domestic relations order, if the payment is to be paid as a percentage of the allowance rather than a specific dollar amount.
(2)
(a) The original allowance shall be increased by the annual increase in the Consumer Price Index up to a maximum of 4%.
(b) Annual increases in the Consumer Price Index in excess of 4% shall be accumulated and used in subsequent adjustments when the annual increase in the Consumer Price Index is less than 4%.
(3) The Consumer Price Index used in calculating adjustments shall be a United States Bureau of Labor Statistics Consumer Price Index average as determined by the board.
(4) The cost-of-living adjustment made under this section may not decrease the allowance.
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 5 - Death Benefit › Section 501 - Death of active member in Division A -- Payment of benefits.

Effective 7/1/2018
49-16-501.
Death of active member in Division A -- Payment of benefits.
(1) If an active member of this system enrolled in Division A under Section 49-16-301 dies, benefits are payable as follows:
(a) If the death is classified by the office as a line-of-duty death, benefits are payable as follows:
(i) If the member has accrued less than 20 years of firefighter service credit, the surviving spouse shall receive a lump sum equal to six months of the active member's final average salary and an allowance equal to 30% of the member's final average monthly salary.
(ii) If the member has accrued 20 or more years of firefighter service credit, the member shall be considered to have retired with an allowance calculated under Section 49-16-402 and the surviving spouse shall receive the death benefit payable to a surviving spouse under Section 49-16-504.
(b) If the death is not classified as a line-of-duty death by the office, benefits are payable as follows:
(i) If the member has accrued less than 10 years of firefighter service credit, the beneficiary shall receive a sum of $1,000 or a refund of the member's member contributions, whichever is greater.
(ii) If the member has accrued 10 or more years of firefighter service credit but less than 20 years of firefighter service credit, the surviving spouse shall receive a sum of $500, plus an allowance equal to 2% of the member's final average monthly salary for each year of service credit accrued by the member up to a maximum of 30% of the member's final average monthly salary.
(iii) If the member has accrued 20 or more years of firefighter service credit:
(A) the member shall be considered to have retired with an allowance calculated under Section 49-16-402; and
(B) the surviving spouse shall receive the death benefit payable to a surviving spouse under Section 49-16-504.
(2)
(a) If the member dies without a surviving spouse, the surviving spouse's allowance shall be equally divided and paid to each unmarried child until the child reaches age 21.
(b) The payment shall be made to a duly appointed guardian or as provided under Sections 49-11-609 and 49-11-610.
(3) If the benefit is not distributed under this section, and the member has designated a beneficiary, the member's member contributions shall be paid to the beneficiary.
(4)
(a) A surviving spouse who requests a benefit under this section shall apply in writing to the office.
(b) The allowance shall begin on the first day of the month:
(i) following the month in which the member died, if the application is received by the office within 90 days of the member's death; or
(ii) following the month in which the application is received by the office, if the application is received by the office more than 90 days after the member's death.
Amended by Chapter 450, 2018 General Session
2023 Utah Code › Title 49 - Utah State Retirement and Insurance Benefit Act › Chapter 16 - Firefighters' Retirement Act › Part 5 - Death Benefit › Section 503 - Benefits payable upon death of inactive member.

Effective 5/10/2016
49-16-503.
Benefits payable upon death of inactive member.
(1) If an inactive member who has less than 20 years of firefighter service credit dies, the surviving spouse, or, if there is no surviving spouse, the member's minor children shall receive a refund of the member's member contributions or $500, whichever is greater.
(2)
(a) If an inactive member with 20 or more years of firefighter service credit dies, the surviving spouse shall receive an allowance in the amount of 50% of the amount the member would have received had retirement occurred on the first of the month following the month in which the death occurred.
(b) This allowance shall be based on years of service credit and final average monthly salary under Section 49-16-402, reduced actuarially from age 50 to the age of the member at the time of death if the member is under 50 years of age at the time of death.
(3)
(a) A surviving spouse who requests a benefit under this section shall apply in writing to the office.
(b) The allowance shall begin on the first day of the month:
(i) following the month in which the member died, if the application is received by the office within 90 days of the member's death; or
(ii) following the month in which the application is received by the office, if the application is received by the office more than 90 days after the member's death.
Amended by Chapter 84, 2016 General Session
2023 Utah Code › Title 49 - Utah State Retirement and Insurance Benefit Act › Chapter 16 - Firefighters' Retirement Act › Part 5 - Death Benefit › Section 504 - Benefits payable upon death of retired member.

Effective 5/10/2016
49-16-504.
Benefits payable upon death of retired member.
(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 75% of the allowance that was being paid to the retiree at the time of death.
(2) If the retiree retired solely under Division B and dies leaving unmarried children under the age of 21 or dependent unmarried children with a mental or physical disability, the children shall qualify for a benefit as prescribed under Subsection 49-16-502(1)(c).
(3)
(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 16 - Firefighters' Retirement Act › Part 5 - Death Benefit › Section 505 - Benefits for surviving spouse under Division A or Division B.

Effective 5/10/2016
49-16-505.
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 16 - Firefighters' Retirement Act › Part 5 - Death Benefit › Section 506 - Minimum allowance for surviving spouse.

Effective 5/10/2016
49-16-506.
Minimum allowance for surviving spouse.
The minimum allowance payable to the surviving spouse who qualifies for an allowance under Section 49-16-501, 49-16-502, 49-16-503 or 49-16-504, shall be $350 per month.
Amended by Chapter 84, 2016 General Session
2023 Utah Code › Title 49 - Utah State Retirement and Insurance Benefit Act › Chapter 16 - Firefighters' Retirement Act › Part 5 - Death Benefit › Section 507 - Benefits payable upon death of active or inactive member without a surviving spouse or minor children.

Effective 5/10/2016
49-16-507.
Benefits payable upon death of active or inactive member without a surviving 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 16 - Firefighters' Retirement Act › Part 5 - Death Benefit › Section 508 - Surviving spouse includes certain former spouses -- Benefit calculation for former spouse.

Effective 5/10/2016
49-16-508.
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 16 - Firefighters' Retirement Act › Part 6 - Disability Benefit › Section 601 - Disability benefit -- Nonline-of-duty disability -- Benefits -- Monthly allowance.

Effective 7/1/2017
49-16-601.
Disability benefit -- Nonline-of-duty disability -- Benefits -- Monthly allowance.
(1) An active member of this system with a disability that was not incurred in the line-of-duty may apply to the office for a disability retirement benefit subject to the following provisions:
(a) if the member has less than five years of service credit in this system, disability benefits are not payable; and
(b) if the condition is classified by the office as a nonline-of-duty disability and if the member has five or more years of service credit in this system, the member shall be granted a disability retirement benefit subject to Section 49-16-602.
(2) The monthly disability retirement benefit is 50% of the member's final average monthly salary.
Amended by Chapter 93, 2017 General Session
2023 Utah Code › Title 49 - Utah State Retirement and Insurance Benefit Act › Chapter 16 - Firefighters' Retirement Act › Part 6 - Disability Benefit › Section 601.5 - Line-of-duty disability benefit -- Benefits -- Monthly allowance.

Effective 7/1/2017
49-16-601.5.
Line-of-duty disability benefit -- Benefits -- Monthly allowance.
(1) An active member of this system with a disability incurred in the line-of-duty may apply to the office for a disability retirement benefit under this section.
(2) If the condition is classified by the office as a line-of-duty disability, the member shall be granted a disability retirement benefit subject to Section 49-16-602.
(3) A paid firefighter who has five years of firefighter service credit is eligible for a line-of-duty disability benefit resulting from heart disease, lung disease, or a respiratory tract condition.
(4) A paid firefighter who receives a service connected disability benefit for more than six months due to violence or illness other than heart disease, lung disease, or respiratory tract condition, and then returns to paid firefighter service, may not be eligible for a line-of-duty disability benefit due to heart disease, lung disease, or respiratory tract condition for two years after the firefighter returned to work unless clear and convincing evidence is presented that the heart disease, lung disease, or respiratory tract condition was directly a result of firefighter service.
(5) The monthly disability retirement benefit is 50% of the member's final average salary.
Amended by Chapter 93, 2017 General Session
2023 Utah Code › Title 49 - Utah State Retirement and Insurance Benefit Act › Chapter 16 - Firefighters' Retirement Act › Part 6 - Disability Benefit › Section 603 - Suspension of benefit upon settlement of workers' compensation claim.

49-16-603.
Suspension of benefit upon settlement of workers' compensation claim.
(1) Settlement of a claim for workers' compensation for injury or disability shall suspend disability retirement benefits granted under this part, except for the initial three months, to a member granted the benefits until workers' compensation payments terminate.
(2) If there is a lump-sum settlement of the workers' compensation claim, the office shall suspend the disability retirement benefit until the total of suspended benefits is equal to 75% of the settlement received from workers' compensation.
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 7 - Volunteer Firefighters › Section 701 - Volunteer firefighters eligible for line-of-duty death and disability benefits in Division A -- Computation of benefit.

Effective 7/1/2023
49-16-701.
Volunteer firefighters eligible for line-of-duty death and disability benefits in Division A -- Computation of benefit.
(1) A volunteer firefighter is only eligible for line-of-duty death and line-of-duty disability benefits provided for firefighters enrolled in Division A, subject to Sections 49-16-602 and 49-16-603.
(2) The lowest monthly compensation of firefighters of a city of the first class in this state at the time of death or disability shall be considered to be the final average monthly salary of a volunteer firefighter for purposes of computing these benefits.
(3) Each volunteer fire department shall maintain a current roll of all volunteer firefighters that meet the requirements of Subsection 49-16-102(13) to determine eligibility for this benefit.
Amended by Chapter 37, 2023 General Session
Amended by Chapter 59, 2023 General Session
Amended by Chapter 139, 2023 General Session
2023 Utah Code › Title 49 - Utah State Retirement and Insurance Benefit Act › Chapter 17 - Judges' Contributory Retirement Act › Part 1 - General Provisions › Section 102 - Definitions.

Effective 5/10/2016
49-17-102.
Definitions.
As used in this chapter:
(1)
(a) "Compensation" means the total amount of payments which are currently includable in gross income made by a participating employer to a member of this system for services rendered to the participating employer.
(b) "Compensation" includes:
(i) performance-based bonuses;
(ii) cost-of-living adjustments;
(iii) payments subject to Social Security deductions;
(iv) any payments in excess of the maximum amount subject to deduction under Social Security law;
(v) amounts which the member authorizes to be deducted or reduced for salary deferral or other benefits authorized by federal law; and
(vi) member contributions.
(c) "Compensation" for purposes of this chapter may not exceed the amount allowed under Internal Revenue Code Section 401(a)(17).
(d) "Compensation," does not include:
(i) the monetary value of remuneration paid in kind, such as a residence or use of equipment;
(ii) all contributions made by a participating employer under any system or plan for the benefit of a member or participant;
(iii) salary paid to a temporary or exempt employee;
(iv) payments upon termination or any other special payments including early retirement inducements; or
(v) uniform, travel, or similar payments.
(2) "Final average salary" means the amount calculated by averaging the highest two years of annual compensation preceding retirement, subject to Subsections (2)(a), (b), and (c).
(a) Except as provided in Subsection (2)(b), the percentage increase in annual compensation in any one of the years used may not exceed the previous year's compensation by more than 10% plus a cost-of-living adjustment equal to the decrease in the purchasing power of the dollar during the previous year, as measured by a United States Bureau of Labor Statistics Consumer Price Index average as determined by the board.
(b) In cases where the participating employer provides acceptable documentation to the board, the limitation in Subsection (2)(a) may be exceeded if:
(i) the member has transferred from another participating employer; or
(ii) the member has been promoted to a new position.
(c) The annual compensation used to calculate final average salary shall be based on the state's fiscal year.
(3) "Judge" means a judge or justice of the courts of record as enumerated in Section 78A-1-101.
(4) "Participating employer" means the state.
(5) "System" means the Judges' Contributory Retirement System created under this chapter.
(6) "Years of service credit" means the number of periods, each to consist of 12 full months as determined by the board, whether consecutive or not, during which a judge was employed by a participating employer.
Amended by Chapter 227, 2016 General Session
2023 Utah Code › Title 49 - Utah State Retirement and Insurance Benefit Act › Chapter 17 - Judges' Contributory Retirement Act › Part 1 - General Provisions › Section 103 - Creation of system.

49-17-103.
Creation of system.
There is created for judges the "Judges' Contributory Retirement System."
Renumbered and Amended by Chapter 250, 2002 General Session
2023 Utah Code › Title 49 - Utah State Retirement and Insurance Benefit Act › Chapter 17 - Judges' Contributory Retirement Act › Part 1 - General Provisions › Section 104 - Creation of trust fund.

49-17-104.
Creation of trust fund.
(1) There is created the "Judges' Contributory Retirement Trust Fund" for the purpose of paying the benefits and costs of administering this system.
(2) The fund shall consist of all money, including interest, and assets transferred to it under any terminated system, the money paid into it under this system, 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 17 - Judges' Contributory Retirement Act › Part 2 - Membership Eligibility › Section 201 - System membership -- Eligibility.

49-17-201.
System membership -- Eligibility.
Except as provided in Section 49-18-201, judges are members of and are eligible for service credit in this system.
Renumbered and Amended by Chapter 250, 2002 General Session
2023 Utah Code › Title 49 - Utah State Retirement and Insurance Benefit Act › Chapter 17 - Judges' Contributory Retirement Act › Part 3 - Contributions › Section 301 - Contributions by members and participating employers -- Retirement fees -- Deductions.

49-17-301.
Contributions by members and participating employers -- Retirement fees -- Deductions.
(1) In addition to the money paid to this system under Subsection (3), participating employers and members shall jointly pay the certified contribution rates to the office to maintain this system on a financially and actuarially sound basis.
(2) The participating employer may make contributions on behalf of members of this system in addition to the contribution required of the participating employer, except that 2% of compensation shall be paid by the member.
(3) Fees collected under Subsection 78A-2-301(1)(j)(i) shall be paid monthly to the office to maintain this system and the system established under Chapter 18, Judges' Noncontributory Retirement Act.
(4)
(a) All member contributions are credited by the office to the account of the individual member.
(b) This amount, plus refund interest, is held in trust for the payment of benefits to the member or the member's beneficiaries.
(c) All member contributions are vested and nonforfeitable.
(5)
(a) Each member is considered to consent to payroll deductions of the member contributions.
(b) The payment of compensation less these payroll deductions is considered full payment for services rendered by the member.
Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 49 - Utah State Retirement and Insurance Benefit Act › Chapter 17 - Judges' Contributory Retirement Act › Part 4 - Defined Benefit › Section 401 - Eligibility for an allowance -- Date of retirement -- Qualifications.

Effective 3/3/2014
49-17-401.
Eligibility for an allowance -- Date of retirement -- Qualifications.
(1) A member is qualified to receive an allowance when:
(a) 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 six years of service credit and has attained an age of 70 years;
(ii) the member has accrued at least 10 years of service credit and has attained an age of 62 years;
(iii) the member has accrued at least 20 years of service credit and has attained an age of 55 years; or
(iv) the member has accrued at least 25 years of service credit.
(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) 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).
Amended by Chapter 15, 2014 General Session
2023 Utah Code › Title 49 - Utah State Retirement and Insurance Benefit Act › Chapter 17 - Judges' Contributory Retirement Act › Part 4 - Defined Benefit › Section 402 - Calculation of retirement allowance.

Effective 3/3/2014
49-17-402.
Calculation of retirement allowance.
(1) A retiree under this system shall receive an allowance equal to:
(a) 5% of the final average monthly salary multiplied by the number of years of service credit, limited to 10 years; plus
(b) 2.25% of the final average monthly salary multiplied by the number of years of service credit in excess of 10 years and up to and including 20 years; plus
(c) 1% of the final average monthly salary multiplied by the number of years of service credit in excess of 20 years.
(2)
(a) Except as modified by cost-of-living adjustments and except as provided under Subsection (2)(b), an allowance under this system may not exceed 75% of the member's final average monthly salary.
(b) The allowance limitation under Subsection (2)(a) does not apply to a member who initially retires on or after July 1, 2010.
(3) If the retiree has attained the age of 55 years and has 20 years or more but less than 25 years of service credit, the retiree shall receive an early retirement reduction to the allowance based on an actuarial calculation assuming a normal retirement age of 65 years.
Amended by Chapter 15, 2014 General Session
2023 Utah Code › Title 49 - Utah State Retirement and Insurance Benefit Act › Chapter 17 - Judges' Contributory Retirement Act › Part 4 - Defined Benefit › Section 403 - Minimum allowance.

49-17-403.
Minimum allowance.
Beginning July 1, 1990, all retirees or beneficiaries under this chapter who receive an allowance less than $1,000 per month shall have the allowance increased 10%, but the increased allowance may not equal more than $1,000.
Enacted by Chapter 250, 2002 General Session
2023 Utah Code › Title 49 - Utah State Retirement and Insurance Benefit Act › Chapter 17 - Judges' Contributory Retirement Act › Part 4 - Defined Benefit › Section 404 - Temporary retirement window for 20 years of service.

49-17-404.
Temporary retirement window for 20 years of service.
(1) If a member qualified to retire under Section 49-17-401 or a member of this system of any age with at least 20 years of service credit or a member of this system with at least six years of service credit and has attained an age of 65 years or older retires on or after July 1, 1992, and on or before December 31, 1992, the retirement allowance shall be the same as calculated in Section 49-17-402, except that the final average monthly salary shall be calculated upon the member's final year of service.
(2)
(a) Nominations for appointments resulting from this section shall be presented to the governor not later than October 15, 1992.
(b) To qualify, the member shall give notice of intent to retire under this section to the Administrative Office of the Courts no later than February 28, 1992.
(c) Notice of intent to retire under this section may not be revoked.
(d) The Administrative Office of the Courts shall provide the member's application to retire to the office as required by Section 49-17-401.
Renumbered and Amended by Chapter 250, 2002 General Session
2023 Utah Code › Title 49 - Utah State Retirement and Insurance Benefit Act › Chapter 17 - Judges' Contributory Retirement Act › Part 4 - Defined Benefit › Section 405 - Annual cost-of-living adjustment.

49-17-405.
Annual cost-of-living adjustment.
(1) The office shall make an annual cost-of-living adjustment to:
(a) an allowance paid under Section 49-17-402 and Part 5, Death Benefit, of this chapter if the benefit has been paid for at least one year; and
(b) a payment made to an alternate payee under a domestic relations order, if the payment is to be paid as a percentage of the allowance rather than a specific dollar amount.
(2)
(a) The allowance shall be increased by the annual increase in the Consumer Price Index up to a maximum of 4%.
(b) Annual increases in the Consumer Price Index in excess of 4% shall be accumulated and used in subsequent adjustments when the annual increase in the Consumer Price Index is less than 4%.
(3) The Consumer Price Index used in calculating adjustments shall be a United States Bureau of Labor Statistics Consumer Price Index average as determined by the board.
(4) The cost-of-living adjustment made under this section may not decrease the allowance.
Renumbered and Amended by Chapter 250, 2002 General Session
2023 Utah Code › Title 49 - Utah State Retirement and Insurance Benefit Act › Chapter 17 - Judges' Contributory Retirement Act › Part 5 - Death Benefit › Section 501 - Death benefit for members before retirement -- Computation.

Effective 5/10/2016
49-17-501.
Death benefit for members before retirement -- Computation.
(1) Upon the receipt of acceptable proof of death of a member before the member's retirement date, the member's surviving spouse shall have the choice of the following death benefits:
(a) a refund of the member's member contributions, including refund interest, plus 65% of the member's most recent 12 months' compensation prior to death; or
(b) an allowance equal to 65% of the allowance computed in accordance with Section 49-17-402, but disregarding early retirement reductions.
(2) If there is no surviving spouse, member contributions, including refund interest, shall be refunded to a beneficiary, in accordance with Sections 49-11-609 and 49-11-610.
(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 17 - Judges' Contributory Retirement Act › Part 5 - Death Benefit › Section 502 - Benefits payable upon death of retired member.

Effective 5/10/2016
49-17-502.
Benefits payable upon death of retired member.
(1)
(a) The death benefit payable to a retiree's surviving spouse is an allowance equal to 65% of the allowance which was being paid to the retiree at the time of death.
(b) The effective date of the accrual of this allowance is the first day of the month following the month in which the retiree died.
(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 up to 75% of an allowance computed in accordance with Section 49-17-402.
(b) If an election is made under Subsection (2)(a), the member's allowance shall be reduced to reflect the actuarial equivalent necessary to pay for the increased spousal death benefit above 65%.
(3)
(a) A surviving spouse who qualifies for a monthly benefit under this section shall apply in writing to the office.
(b) The allowance shall begin on the first day of the month following the month in which the:
(i) member or participant died, if the application is received by the office within 90 days of the date of death of the member or participant; or
(ii) application is received by the office, if the application is received by the office more than 90 days after the date of death of the member or participant.
Amended by Chapter 84, 2016 General Session
2023 Utah Code › Title 49 - Utah State Retirement and Insurance Benefit Act › Chapter 17 - Judges' Contributory Retirement Act › Part 5 - Death Benefit › Section 503 - Surviving spouse includes certain former spouses -- Benefit calculation for former spouse.

Effective 5/10/2016
49-17-503.
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 17 - Judges' Contributory Retirement Act › Part 7 - Early Retirement Incentive › Section 701 - Judges' mandatory retirement age.

49-17-701.
Judges' mandatory retirement age.
(1) Except as provided in Subsection (2), a judge shall retire upon attaining the age of 75 years.
(2) A judge serving on July 1, 1996, who is 75 years of age or older on July 1, 1996, or who attains 75 years of age prior to the judge's next retention election may not be a candidate in that retention election and shall retire on or before December 31 of the year in which the judge would have been subject to a retention election.
Renumbered and Amended by Chapter 250, 2002 General Session
2023 Utah Code › Title 49 - Utah State Retirement and Insurance Benefit Act › Chapter 18 - Judges' Noncontributory Retirement Act › Part 1 - General Provisions › Section 101 - Title.

49-18-101.
Title.
This chapter is known as the "Judges' 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 18 - Judges' Noncontributory Retirement Act › Part 1 - General Provisions › Section 102 - Definitions.

Effective 5/10/2016
49-18-102.
Definitions.
As used in this chapter:
(1)
(a) "Compensation" means the total amount of payments which are currently includable in gross income made by a participating employer to a member of this system for services rendered to the participating employer.
(b) "Compensation" includes:
(i) performance-based bonuses;
(ii) cost-of-living adjustments;
(iii) payments subject to Social Security deductions;
(iv) any payments in excess of the maximum amount subject to deduction under Social Security law; and
(v) amounts which the member authorizes to be deducted or reduced for salary deferral or other benefits authorized by federal law.
(c) "Compensation" for purposes of this chapter may not exceed the amount allowed under Internal Revenue Code Section 401(a)(17).
(d) "Compensation" does not include:
(i) the monetary value of remuneration paid in kind, such as a residence or use of equipment;
(ii) all contributions made by a participating employer under a system or plan for the benefit of a member or participant;
(iii) salary paid to a temporary or exempt employee;
(iv) payments upon termination or any other special payments including early retirement inducements; or
(v) uniform, travel, or similar payments.
(2) "Final average salary" means the amount calculated by averaging the highest two years of annual compensation preceding retirement, subject to Subsections (2)(a), (b), and (c).
(a) Except as provided in Subsection (2)(b), the percentage increase in annual compensation in any one of the years used may not exceed the previous year's compensation by more than 10% plus a cost-of-living adjustment equal to the decrease in the purchasing power of the dollar during the previous year, as measured by a United States Bureau of Labor Statistics Consumer Price Index average as determined by the board.
(b) In cases where the participating employer provides acceptable documentation to the board, the limitation in Subsection (2)(a) may be exceeded if:
(i) the member has transferred from another agency; or
(ii) the member has been promoted to a new position.
(c) The annual compensation used to calculate final average salary shall be based on the state's fiscal year.
(3) "Judge" means a judge or justice of the courts of record as enumerated in Section 78A-1-101.
(4) "Participating employer" means the state.
(5) "System" means the Judges' Noncontributory Retirement System created under this chapter.
(6) "Years of service credit" means the number of periods, each to consist of 12 full months or as determined by the board, whether consecutive or not, during which a judge was employed by a participating employer.
Amended by Chapter 227, 2016 General Session
2023 Utah Code › Title 49 - Utah State Retirement and Insurance Benefit Act › Chapter 18 - Judges' Noncontributory Retirement Act › Part 1 - General Provisions › Section 103 - Creation of system.

49-18-103.
Creation of system.
There is created for judges the "Judges' 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 18 - Judges' Noncontributory Retirement Act › Part 1 - General Provisions › Section 104 - Creation of trust fund.

49-18-104.
Creation of trust fund.
(1) There is created the "Judges' Noncontributory Retirement Trust Fund" for the purpose of paying the benefits and costs of administering this system.
(2) The fund shall consist of all money, including interest, and assets transferred to it under any terminated system, the money paid into it under this system, 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 18 - Judges' Noncontributory Retirement Act › Part 2 - Membership Eligibility › Section 201 - System membership -- Eligibility.

49-18-201.
System membership -- Eligibility.
(1) Judges appointed after July 1, 1997, are members of and are eligible for service credit in this system.
(2)
(a) Any judge appointed prior to July 1, 1997, may either become a member of the Judges' Noncontributory Retirement System or remain a member of the Judges' Contributory Retirement System established under Chapter 17, Judges' Contributory Retirement Act, by following the procedures established by the board pursuant to this chapter.
(b) Judges may only elect to participate in this system under Subsection (2) prior to January 1, 1998.
Renumbered and Amended by Chapter 250, 2002 General Session
2023 Utah Code › Title 49 - Utah State Retirement and Insurance Benefit Act › Chapter 18 - Judges' Noncontributory Retirement Act › Part 3 - Contributions › Section 301 - Contributions by employees and employers -- Retirement fees.

49-18-301.
Contributions by employees and employers -- Retirement fees.
(1) In addition to the money paid to this system under Subsection (2), participating employers shall pay the certified contribution rates to the office to maintain this system on a financially and actuarially sound basis.
(2) Fees collected under Subsection 78A-2-301(1)(j)(i) shall be paid monthly to the office to maintain this system and the system established under Chapter 17, Judges' Contributory Retirement Act.
Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 49 - Utah State Retirement and Insurance Benefit Act › Chapter 18 - Judges' Noncontributory Retirement Act › Part 4 - Defined Benefit › Section 401 - Eligibility for an allowance -- Date of retirement -- Qualifications.

Effective 3/3/2014
49-18-401.
Eligibility for an allowance -- Date of retirement -- Qualifications.
(1) A member is qualified to receive an allowance when:
(a) 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 six years of service credit and has attained an age of 70 years;
(ii) the member has accrued at least 10 years of service credit and has attained an age of 62 years;
(iii) the member has accrued at least 20 years of service credit and has attained an age of 55 years; or
(iv) the member has accrued at least 25 years of service credit.
(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) 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).
Amended by Chapter 15, 2014 General Session
2023 Utah Code › Title 49 - Utah State Retirement and Insurance Benefit Act › Chapter 18 - Judges' Noncontributory Retirement Act › Part 4 - Defined Benefit › Section 402 - Calculation of retirement allowance.

Effective 3/3/2014
49-18-402.
Calculation of retirement allowance.
(1) A retiree under this system shall receive an allowance equal to:
(a) 5% of the final average monthly salary multiplied by the number of years of service credit, limited to 10 years; plus
(b) 2.25% of the final average monthly salary multiplied by the number of years of service credit in excess of 10 years and up to and including 20 years; plus
(c) 1% of the final average monthly salary multiplied by the number of years of service credit in excess of 20 years.
(2)
(a) Except as modified by cost-of-living adjustments and except as provided under Subsection (2)(b), an allowance under this system may not exceed 75% of the member's final average monthly salary.
(b) The allowance limitation under Subsection (2)(a) does not apply to a member who initially retires on or after July 1, 2010.
(3) If the retiree has attained the age of 55 years and has 20 years or more but less than 25 years of service credit, the retiree shall receive an early retirement reduction to the allowance based on an actuarial calculation assuming a normal retirement age of 65 years.
Amended by Chapter 15, 2014 General Session
2023 Utah Code › Title 49 - Utah State Retirement and Insurance Benefit Act › Chapter 18 - Judges' Noncontributory Retirement Act › Part 4 - Defined Benefit › Section 403 - Annual cost-of-living adjustment.

49-18-403.
Annual cost-of-living adjustment.
(1) The office shall make an annual cost-of-living adjustment to:
(a) an allowance paid under Section 49-18-402 and Part 5, Death Benefit, of this chapter if the benefit has been paid for at least one year; and
(b) a payment made to an alternate payee under a domestic relations order, if the payment is to be paid as a percentage of the allowance rather than a specific dollar amount.
(2)
(a) The allowance shall be increased by the annual increase in the Consumer Price Index up to a maximum of 4%.
(b) Annual increases in the Consumer Price Index in excess of 4% shall be accumulated and used in subsequent adjustments when the increase in the Consumer Price Index is less than 4%.
(3) The Consumer Price Index used in calculating adjustments shall be a United States Bureau of Labor Statistics Consumer Price Index average as determined by the board.
(4) The cost-of-living adjustment made under this section may not decrease the allowance.
Renumbered and Amended by Chapter 250, 2002 General Session