Disability: means the complete inability, due to objective medical impairment, whether physical or mental, to perform firefighter service. See Utah Code 49-16-102
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), and (d). See Utah Code 49-16-102
Firefighter service: means employment normally requiring an average of 2,080 hours of regularly scheduled employment per year rendered by a member who is:
(i)
a firefighter service employee trained in firefighter techniques and assigned to a position of hazardous duty with a regularly constituted fire department; or
(ii)
the state fire marshal appointed under Section 53-7-103 or a deputy state fire marshal. See Utah Code 49-16-102
Firefighter service employee: means an employee of a participating employer who provides firefighter service under this chapter. See Utah Code 49-16-102
Objective medical impairment: means an impairment resulting from an injury or illness that is diagnosed by a physician or physician assistant and that is based on accepted objective medical tests or findings rather than subjective complaints. See Utah Code 49-16-102
Participant: means an individual with voluntary deferrals or nonelective contributions on deposit with the defined contribution plans administered under this title. See Utah Code 49-11-102
Participating employer: means an employer that meets the participation requirements of Section 49-16-201. See Utah Code 49-16-102
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
Political subdivision: includes special districts, special service districts, or authorities created by the Legislature or by local governments, including the office. See Utah Code 49-11-102
Regularly constituted fire department: means a fire department that employs a fire chief who performs firefighter service for at least 2,080 hours of regularly scheduled paid employment per year. See Utah Code 49-16-102
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
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
Strenuous activity: includes participating in a participating employer sanctioned and funded training exercise that involves difficult, stressful, or vigorous physical activity. See Utah Code 49-16-102
System: means the Firefighters' Retirement System created under this chapter. See Utah Code 49-16-102
United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(a)
“Compensation” means the total amount of payments that are includable as gross income received by a firefighter service employee as base income for the regularly scheduled work period. The participating employer shall establish the regularly scheduled work period. Base income shall be determined prior to the deduction of membercontributions or any amounts the firefighter service employee authorizes to be deducted for salary deferral or other benefits authorized by federal law.
(b)
“Compensation” includes performance-based bonuses and cost-of-living adjustments.
(c)
“Compensation” does not include:
(i)
overtime;
(ii)
sick pay incentives;
(iii)
retirement pay incentives;
(iv)
remuneration paid in kind such as a residence, use of equipment, uniforms, travel, or similar payments;
(v)
a lump-sum payment or special payments covering accumulated leave; and
(vi)
all contributions made by a participating employer under this system or under any other employee benefit system or plan maintained by a participating employer for the benefit of a member or participant.
(d)
“Compensation” for purposes of this chapter may not exceed the amount allowed under Section 401(a)(17), Internal Revenue Code.
(2)
(a)
“Disability” means the complete inability, due to objective medical impairment, whether physical or mental, to perform firefighter service.
(b)
“Disability” does not include the inability to meet an employer’s required standards or tests relating to fitness, physical ability, or agility that is not a result of a disability as defined under Subsection (2)(a).
(3)
(a)
“Final average salary” means the amount calculated by averaging the highest three years of annual compensation preceding retirement subject to Subsections (3)(b), (c), and (d).
(b)
Except as provided in Subsection (3)(c), the percentage increase in annual compensation in any one of the years used may not exceed the previous year’s compensation by more than 10% plus a cost-of-living adjustment equal to the decrease in the purchasing power of the dollar during the previous year, as measured by a United States Bureau of Labor Statistics Consumer Price Index average as determined by the board.
(c)
In cases where the participating employer provides acceptable documentation to the office the limitation in Subsection (3)(b) may be exceeded if:
(i)
the member has transferred from another agency; or
(ii)
the member has been promoted to a new position.
(d)
The annual compensation used to calculate final average salary shall be based on a period, as determined by the board, consistent with the period used to determine years of service credit in accordance with Subsection (13).
(4)
(a)
“Firefighter service” means employment normally requiring an average of 2,080 hours of regularly scheduled employment per year rendered by a member who is:
(i)
a firefighter service employee trained in firefighter techniques and assigned to a position of hazardous duty with a regularly constituted fire department; or
(ii)
the state fire marshal appointed under Section 53-7-103 or a deputy state fire marshal.
(b)
“Firefighter service” does not include secretarial staff or other similar employees.
(5)
(a)
“Firefighter service employee” means an employee of a participating employer who provides firefighter service under this chapter.
(b)
“Firefighter service employee” does not include an employee of a regularly constituted fire department who does not perform firefighter service.
(6)
(a)
“Line-of-duty death or disability” means a death or disability resulting from:
(i)
external force, violence, or disease directly resulting from firefighter service; or
(ii)
strenuous activity, including a heart attack or stroke, that occurs during strenuous training or another strenuous activity required as an act of duty as a firefighter service employee.
(b)
“Line-of-duty death or disability” does not include a death or disability that:
(i)
occurs during an activity that is required as an act of duty as a firefighter service employee if the activity is not a strenuous activity, including an activity that is clerical, administrative, or of a nonmanual nature;
(ii)
occurs during the commission of a crime committed by the employee;
(iii)
occurs when the employee’s intoxication or use of alcohol or drugs, whether prescribed or nonprescribed, contributes to the employee’s death or disability; or
(iv)
occurs in a manner other than as described in Subsection (6)(a).
(c)
“Line-of-duty death or disability” includes the death or disability of a paid firefighter resulting from heart disease, lung disease, or a respiratory tract condition if the paid firefighter has five years of firefighter service credit.
(7)
“Objective medical impairment” means an impairment resulting from an injury or illness that is diagnosed by a physician or physician assistant and that is based on accepted objective medical tests or findings rather than subjective complaints.
(8)
“Participating employer” means an employer that meets the participation requirements of Section 49-16-201.
(9)
“Regularly constituted fire department” means a fire department that employs a fire chief who performs firefighter service for at least 2,080 hours of regularly scheduled paid employment per year.
(10)
(a)
“Strenuous activity” means engagement involving a difficult, stressful, or vigorous fire suppression, rescue, hazardous material response, emergency medical service, physical law enforcement, prison security, disaster relief, or other emergency response activity.
(b)
“Strenuous activity” includes participating in a participating employer sanctioned and funded training exercise that involves difficult, stressful, or vigorous physical activity.
(11)
“System” means the Firefighters’ RetirementSystem created under this chapter.
(12)
(a)
“Volunteer firefighter” means any individual who is not regularly employed as a firefighter service employee, but who:
(i)
has been trained in firefighter techniques and skills;
(ii)
continues to receive regular firefighter training; and
(iii)
is on the rolls of a legally organized volunteer fire department that provides ongoing training and serves a political subdivision of the state.
(b)
“Volunteer firefighter” does not include an individual who volunteers assistance but does not meet the requirements of Subsection (12)(a).
(13)
“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 firefighter service employee was employed by a participating employer or received full-time pay while on sick leave, including any time the firefighter service employee was absent in the service of the United States on military duty.
Amended by Chapter 37, 2023 General Session Amended by Chapter 139, 2023 General Session
