49-15-401.  Eligibility for service retirement — Date of retirement — Qualifications.

(1)  A member is qualified to receive an allowance from this system when:

Terms Used In Utah Code 49-15-401

  • Agency: means :
(i) a department, division, agency, office, authority, commission, board, institution, or hospital of the state;
(ii) a county, municipality, school district, special district, or special service district;
(iii) a state college or university; or
(iv) any other participating employer. 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
  • Board member: means a person serving on the Utah State Retirement Board as established under Section 49-11-202. 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
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • 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
  • Participating employer: means an employer that meets the participation requirements of Section 49-15-201. See Utah Code 49-15-102
  • 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 Public Safety Noncontributory Retirement System created under this chapter. See Utah Code 49-15-102
  • Years of service credit: means the number of periods, each to consist of 12 full months as determined by the board, whether consecutive or not, during which a public safety service employee was employed by a participating employer, including time the public safety service employee was absent in the service of the United States government on military duty. See Utah Code 49-15-102
    • (a)  except as provided under Subsection (3), the member ceases actual work for every participating employer that employs the member before the member’s retirement date and provides evidence of the termination;

    (b)  the member has submitted to the office a retirement application form that states the member’s proposed retirement date; and

    (c)  one of the following conditions is met as of the member’s retirement date:

    (i)  the member has accrued at least 20 years of service credit;

    (ii)  the member has accrued at least 10 years of service credit and has attained an age of 60 years; or

    (iii)  the member has accrued at least four years of service and has attained an age of 65 years.

    • (2) 

    (a)  The member’s retirement date:

    (i)  shall be the 1st or the 16th day of the month, as selected by the member;

    (ii)  shall be on or after the date of termination; and

    (iii)  may not be more than 90 days before or after the date the application is received by the office.

    (b)  Except as provided under Subsection (3), a member may not be employed by a participating employer in the system established by this chapter on the retirement date selected under Subsection (2)(a)(i).

    (3) 

    (a)  A member who is employed by a participating employer and who is also an elected official is not required to cease service as an elected official to be qualified to receive an allowance under Subsection (1), unless the member is retiring from service as an elected official.

    (b)  A member who is employed by a participating employer and who is also a part-time appointed board member, as described in Subsection 49-11-1203(2), is not required to cease service as a part-time appointed board member to be qualified to receive an allowance under Subsection (1).

    (c)  A member who is employed by a participating employer, who is also an affiliated emergency services worker as defined in Section 49-11-1202 for a different agency, is not required to cease service as an affiliated emergency services worker to be qualified to receive an allowance under Subsection (1).

    (d)  A member who is employed by a participating employer and who is also a part-time appointed or elected board member, as defined in Section 49-11-1202, for a different agency is not required to cease service as a part-time appointed or elected board member to be qualified to receive an allowance under Subsection (1).

    (4)  An exemption from the requirement to cease service and remain qualified to receive an allowance as provided in Subsection (3) is available only for a member who, at the time of retirement, is at least:

    (a)  50 years old, if the member is retiring from a public safety system or firefighter system; or

    (b)  55 years old.

    Amended by Chapter 449, 2020 General Session

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