Utah Code 49-16-504. Benefits payable upon death of retired member
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(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.
Terms Used In Utah Code 49-16-504
- Dependent: A person dependent for support upon another.
- Disability: means the complete inability, due to objective medical impairment, whether physical or mental, to perform firefighter service. See Utah Code 49-16-102
- Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
- Member: means a person, except a retiree, with contributions on deposit with a system, the Utah Governors' and Legislators' Retirement Plan under Chapter 19, Utah Governors' and Legislators' Retirement Act, or with a terminated system. See Utah Code 49-11-102
- Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
- Office: means the Utah State Retirement Office. See Utah Code 49-11-102
- Participant: means an individual with voluntary deferrals or nonelective contributions on deposit with the defined contribution plans administered under this title. See Utah Code 49-11-102
- Retiree: means an individual who has qualified for an allowance under this title. See Utah Code 49-11-102
- Surviving spouse: means :(51)(a) the lawful spouse who has been married to a member for at least six months immediately before the death date of the member; or(51)(b) a former lawful spouse of a member 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. See Utah Code 49-11-102
- Writing: includes :
(48)(a) printing;(48)(b) handwriting; and(48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5(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)(3)(a) A beneficiary who qualifies for a monthly benefit under this section shall apply in writing to the office.(3)(b) The allowance shall begin on the first day of the month following the month in which the:(3)(b)(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(3)(b)(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. - Writing: includes :