(1)  The office shall make an annual cost-of-living adjustment to:

Terms Used In Utah Code 49-13-407

  • Alternate payee: means a member's former spouse or family member eligible to receive payments under a Domestic Relations Order in compliance with Section 49-11-612. See Utah Code 49-11-102
  • Board: means the Utah State Retirement Board established under Section 49-11-202. See Utah Code 49-11-102
  • Office: means the Utah State Retirement Office. See Utah Code 49-11-102
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(a)  an original allowance paid under Section 49-13-402 or 49-13-405, 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.

Amended by Chapter 260, 2006 General Session