49-19-401. Eligibility for an allowance — Governor — Legislator.
| (1) |
A governor is qualified to receive an allowance when:
Terms Used In Utah Code 49-19-401- Board: means the Utah State Retirement Board established under Section 49-11-202. See Utah Code 49-11-102
- Contributions: means the total amount paid by the participating employer and the member into a system or to the Utah Governors' and Legislators' Retirement Plan under Chapter 19, Utah Governors' and Legislators' Retirement Act. See Utah Code 49-11-102
- Governor: includes former governors. See Utah Code 49-19-102
- Legislator: includes former legislators. See Utah Code 49-19-102
- 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
- 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
- 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
| (a) |
the governor has submitted to the office a retirement application form that states the proposed retirement date; and |
| (b) |
one of the following conditions is met as of the retirement date:
| (i) |
the governor has completed at least one full term in office and has attained an age of 65 years; or |
| (ii) |
the governor has served as governor of the state for at least 10 years and has attained an age of 62 years. |
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| (2) |
A legislator is qualified to receive an allowance when:
| (a) |
the legislator has submitted to the office a retirement application form that states the proposed retirement date; and |
| (b) |
one of the following conditions is met as of the retirement date:
| (i) |
the legislator has completed at least four years in the Legislature and has attained an age of 65 years; or |
| (ii) |
the legislator has completed at least 10 years in the Legislature and has attained an age of 62 years. |
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| (3) |
| (a) |
The retirement date shall be the 1st or the 16th day of the month as selected by the member. |
| (b) |
The retirement date may not be more than 90 days before or after the date the application is received by the office. |
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| (4) |
A member who withdraws member contributions shall forfeit all allowances based on those contributions. |
| (5) |
If a retired legislator is elected to another term in the Legislature or continues to serve in the Legislature, the legislative allowance ceases at the beginning of each session under rules established by the board, but is restored at the same amount at the end of the session. |
| (6) |
A member receiving an allowance while serving as a legislator is eligible for additional service credits and allowance adjustments at the end of each term of office if the legislator continues as a contributing member during the member’s service as a legislator. |
Amended by Chapter 15, 2014 General Session
