(1) 

Terms Used In Utah Code 49-11-502

  • Board: means the Utah State Retirement Board established under Section 49-11-202. See Utah Code 49-11-102
  • Contributions: means the total amount paid by the participating employer and the member into a system or to the Utah Governors' and Legislators' Retirement Plan under Chapter 19, Utah Governors' and Legislators' Retirement Act. See Utah Code 49-11-102
  • Employer: means any department, educational institution, or political subdivision of the state eligible to participate in a government-sponsored retirement system under federal law. See Utah Code 49-11-102
  • Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
    • You are late making a payment or commit some other default, triggering an increase to a penalty rate
    • The bank changes the terms of your account and you do not reject the change.
    • The rate expires (if the rate was fixed for only a certain period of time).
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • 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
  • Member contributions: means the sum of the contributions paid to a system or the Utah Governors' and Legislators' Retirement Plan, including refund interest if allowed by a system, and which are made by:
(a) the member; and
(b) the participating employer on the member's behalf under Section 414(h) of the Internal Revenue Code. 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
  • Plan: means the Utah Governors' and Legislators' Retirement Plan created by Chapter 19, Utah Governors' and Legislators' Retirement Act, the New Public Employees' Tier II Defined Contribution Plan created by 4, the New Public Safety and Firefighter Tier II Defined Contribution Plan created by 4, or the defined contribution plans created under Section 49-11-801. See Utah Code 49-11-102
  • Retirement: means the status of an individual who has become eligible, applies for, and is entitled to receive an allowance under this title. See Utah Code 49-11-102
  • Retirement date: means the date selected by the member on which the member's retirement becomes effective with the office. See Utah Code 49-11-102
  • Service credit: means :
    (a) the period during which an employee is employed and compensated by a participating employer and meets the eligibility requirements for membership in a system or the Utah Governors' and Legislators' Retirement Plan, provided that any required contributions are paid to the office; and
    (b) periods of time otherwise purchasable under this title. See Utah Code 49-11-102
  • System: means the individual retirement systems created by Chapter 12, Public Employees' Contributory Retirement Act, Chapter 13, Public Employees' Noncontributory Retirement Act, Chapter 14, Public Safety Contributory Retirement Act, Chapter 15, Public Safety Noncontributory Retirement Act, Chapter 16, Firefighters' Retirement Act, Chapter 17, Judges' Contributory Retirement Act, Chapter 18, Judges' Noncontributory Retirement Act, and Chapter 19, Utah Governors' and Legislators' Retirement Act, the defined benefit portion of the Tier II Hybrid Retirement System under 3, and the defined benefit portion of the Tier II Hybrid Retirement System under 3. See Utah Code 49-11-102
    • (a)  If a member receives a refund of member contributions and is subsequently reemployed in a position covered by a system or the Utah Governors’ and Legislators’ Retirement Plan, the participating employer or the member may redeposit an amount equal to the member contributions refunded and interest charged under Section 49-11-503.

    (b)  The interest shall be compounded annually from the date of refund through the month of payment.

    (c)  If a redeposit is made, service credit shall be restored to the member’s account and credited to the same system or the Utah Governors’ and Legislator’s Retirement Plan from which the refund was taken.

    • (2) 

    (a)  A member may redeposit an amount equal to a prior refund of member contributions and interest charges in one lump sum or in monthly installments by payroll deduction in a time period determined by the office.

    (b)  If the total redeposit is not made prior to the member’s retirement date, the amount of redeposit paid to the office shall be refunded to the member without interest and the member is not entitled to service credit based on the amount of the refund.

    (c)  The interest rate charged during the installment period shall be a fixed rate calculated at the time of the first installment payment in accordance with Section 49-11-503.

    (3)  A member who redeposits a refund of member contributions under this section shall receive the amount of service credit forfeited in taking the refund.

    (4) 

    (a)  For purposes of this section, the Public Employees’ Contributory Retirement System created under Chapter 12, Public Employees’ Contributory Retirement Act, and the Public Employees’ Noncontributory Retirement System created under Chapter 13, Public Employees’ Noncontributory Retirement Act, are considered one system.

    (b)  For purposes of this section, the Public Safety Contributory Retirement System created under Chapter 14, Public Safety Contributory Retirement Act, and the Public Safety Noncontributory Retirement System created under Chapter 15, Public Safety Noncontributory Retirement Act, are considered one system.

    (c)  For purposes of this section, the Judges’ Contributory Retirement System created under Chapter 17, Judges’ Contributory Retirement Act, and the Judges’ Noncontributory Retirement System created under, Chapter 18, Judges’ Noncontributory Retirement Act, are considered one system.

    (5) 

    (a)  The board may make rules to allow a member to make the necessary payments to the office for redeposits under this title as permitted by federal law.

    (b)  The office may reject any payments if the office determines the tax status of the systems, plans, or programs may be jeopardized by allowing the payment.

    Renumbered and Amended by Chapter 250, 2002 General Session

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