49-13-406. Exceptions for part-time elective or appointive service — Computation of allowance — Justice court judges.
(1)
Notwithstanding the provisions of Sections 49-11-401 and 49-13-102, and unless otherwise provided in this section, a member‘s elective or appointive service rendered on a basis not considered full-time by the office shall have a separate allowance computed on the basis of compensation actually received by the member during the period of elective or appointive service.
Terms Used In Utah Code 49-13-406
Compensation: means the total amount of payments made by a participating employer to a member of this system for services rendered to the participating employer, including:
(i)
bonuses;
(ii)
cost-of-living adjustments;
(iii)
other payments currently includable in gross income and that are subject to social security deductions, including any payments in excess of the maximum amount subject to deduction under social security law; and
(iv)
amounts that the member authorizes to be deducted or reduced for salary deferral or other benefits authorized by federal law. See Utah Code 49-13-102
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
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
(2)
(a)
(i)
A justice court judge who has service with only one participating employer shall be considered part-time or full-time by the office as certified by the participating employer.
(ii)
If there is a dispute between the office and a participating employer or justice court judge over whether service is full-time or part-time for any employment period, the disputed service shall be submitted by the office to the Administrative Office of the Courts for determination.
(b)
If a justice court judge has a combination of part-time service and full-time position service with one participating employer, the office shall compute separate allowances on the basis of compensation actually received by the judge during the part-time and full-time periods of service.
(3)
(a)
A justice court judge who has service with more than one participating employer shall be considered full-time by the office for a period of service in which the judge is certified as full-time by:
(i)
a participating employer;
(ii)
a group of participating employers where the judge’s part-time work for each employer, when aggregated, amounts to full-time service; or
(iii)
the Administrative Office of the Courts beginning on or after January 1, 2009, based on the judge’s aggregate caseload of the multiple employers as determined by the judge’s caseloads of the individual courts of each employer in accordance with Subsection 78A-7-206(1)(b)(ii).
(b)
If a justice court judge has full-time service under Subsection (3)(a), the office shall compute an allowance on the basis of total compensation actually received from all participating employers by the judge during the total period of full-time service.
(c)
If a justice court judge has part-time service performed that is not within a period considered full-time service under Subsection (3)(a), the office shall compute a separate allowance on the basis of compensation actually received by the member during the period of part-time service.
(d)
If there is a dispute between the office and a participating employer, a group of participating employers, or a justice court judge over whether service is full-time or part-time for any employment period, the disputed service shall be submitted by the office to the Administrative Office of the Courts for determination.
(4)
All of the service rendered by a justice court judge in any one fiscal or calendar year may not count for more than one year of service credit.
