The office shall provide a death benefit for members of this system.
Terms Used In Utah Code 49-13-501
Beneficiary: means any person entitled to receive a payment under this title through a relationship with or designated by a member, participant, covered individual, or alternate payee of a defined contribution plan. See Utah Code 49-11-102
Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
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
Final average salary: means the amount calculated by averaging the highest three years of annual compensation preceding retirement subject to Subsections (3)(b), (c), (d), and (e). See Utah Code 49-13-102
Inactive member: means a member who has not been employed by a participating employer for a period of at least 120 days. 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
Retiree: means an individual who has qualified for an allowance under this title. 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
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
Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
System: means the Public Employees' Noncontributory Retirement System. See Utah Code 49-13-102
(2)
The board shall make rules to administer the death benefit provided by this section and may, in accordance with federal law, establish:
(a)
benefit levels;
(b)
classes of members; and
(c)
a living benefit option.
(3)
This death benefit is payable when:
(a)
the member dies prior to the member’s retirement date or dies under circumstances which Section 49-13-402 requires to be treated as the death of a member before retirement;
(b)
the office receives acceptable proof of death; and
The death benefit payable to the beneficiary under this section is a lump-sum payment consisting of:
(a)
the return of any member contributions under this chapter; plus
(b)
a percentage of the final average salary of the member to be determined by the board.
(5)
Any amount of a living benefit option paid to the member prior to death shall be deducted from the benefit payable to the beneficiary.
(6)
The cost of the death benefit shall be paid by the participating employer as a portion of the contribution rate established under Section 49-13-301.
(7)
The portion of the death benefit provided under Subsection (4)(b), may not be paid to the beneficiary of an inactive member unless:
(a)
that member has 10 or more years of service credit prior to July 1, 1987; or
(b)
the death of the member occurs either:
(i)
within a period of 120 days after the last day of work for which the person received compensation; or
(ii)
while the member is still physically or mentally incapacitated from performance of duties, if the incapacity has been continuous since the last day of work for which compensation was received.
(8)
The death benefit provided under Subsection (4)(b) shall be paid in accordance with Sections 49-11-609 and 49-11-610.
(9)
The death benefit paid to the beneficiary of an inactive member, except as otherwise provided under Subsection (7), is a lump-sum return of the member’s member contributions.
(10)
Payment of the death benefit by the office constitutes a full settlement of any beneficiary’s claim against the office and the office is not liable for any further or additional claims or assessments on behalf of the member.
(11)
Unless otherwise specified in a written document filed with the office, death benefits payable to beneficiaries shall be in accordance with the order of precedence established under Title 75, Chapter 2, Intestate Succession and Wills.
(12)
A death benefit under this section may not be paid on behalf of a retiree under this system.
