Superseded 7/1/2023 49-21-102. Definitions. As used in this chapter:
(1)
“Date of disability” means the date on which a period of total disability begins, and may not begin on or before the last day of performing full-duty work in the eligible employee‘s regular occupation.
Date of disability: means the date on which a period of total disability begins, and may not begin on or before the last day of performing full-duty work in the eligible employee's regular occupation. See Utah Code 49-21-102
Eligible employee: means the following employee whose employer provides coverage under this chapter:
an employee who is covered by a retirement program offered by a public or private system, organization, or company designated by the Utah Board of Higher Education. See Utah Code 49-21-102
Elimination period: means the three months at the beginning of each continuous period of total disability for which no benefit will be paid. See Utah Code 49-21-102
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
Gainful employment: means any occupation or employment position in the state that:
(i)
contemplates continued employment during a fiscal or calendar year; and
(ii)
would pay an amount equal to or greater than 40 hours per week at the legally required minimum wage, regardless of the number of hours worked. See Utah Code 49-21-102
Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
Objective medical impairment: means an impairment resulting from an injury or illness which is diagnosed by a physician and which is based on accepted objective medical tests or findings rather than subjective complaints. See Utah Code 49-21-102
Regular monthly salary: means the amount certified by the participating employer as the monthly salary of the eligible employee, unless there is a discrepancy between the certified amount and the amount actually paid, in which case the office shall determine the regular monthly salary. See Utah Code 49-21-102
Regular occupation: means either:
(a)
the primary duties performed by the eligible employee for the 12 months preceding the date of disability; or
(b)
a permanent assignment of duty to the eligible employee, as long as the eligible employee has actually performed all the required duties of the permanent assignment of duty. See Utah Code 49-21-102
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.
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
an employee who is covered by a retirement program offered by a public or private system, organization, or company designated by the Utah Board of Higher Education.
(b)
“Eligible employee” does not include:
(i)
any employee that is exempt from coverage under Section 49-21-201; or
(ii)
a retiree.
(3)
“Elimination period” means the three months at the beginning of each continuous period of total disability for which no benefit will be paid. The elimination period begins on the nearest first day of the month from the date of disability. The elimination period may include a one-time trial return to work period of less than 15 consecutive calendar days.
(4)
(a)
“Gainful employment” means any occupation or employment position in the state that:
(i)
contemplates continued employment during a fiscal or calendar year; and
(ii)
would pay an amount equal to or greater than 40 hours per week at the legally required minimum wage, regardless of the number of hours worked.
(b)
“Gainful employment” does not mean that an occupation or employment position in the state is:
(i)
available within any geographic boundaries of the state;
(ii)
offered at a certain level of wages;
(iii)
available at a particular number of hours per week; or
(iv)
currently available.
(5)
“Maximum benefit period” means the maximum period of time the monthly disability income benefit will be paid under Section 49-21-403 for any continuous period of total disability.
(6)
“Monthly disability benefit” means the monthly payments and accrual of service credit under Section 49-21-401.
(7)
“Objective medical impairment” means an impairment resulting from an injury or illness which is diagnosed by a physician and which is based on accepted objective medical tests or findings rather than subjective complaints.
(8)
(a)
“Ongoing disability” means, after the elimination period and the first 24 months of disability benefits, the complete inability, as determined under Subsection (8)(b), to engage in any gainful employment which is reasonable, considering the eligible employee’s education, training, and experience.
(b)
For purposes of Subsection (8)(a), inability is determined:
(i)
based solely on physical objective medical impairment; and
(ii)
regardless of the existence or absence of any mental impairment.
(9)
“Own occupation disability” means the complete inability, due to objective medical impairment, whether physical or mental, to engage in the eligible employee’s regular occupation during the elimination period and the first 24 months of disability benefits.
(10)
“Physician” means a licensed physician.
(11)
“Regular monthly salary” means the amount certified by the participating employer as the monthly salary of the eligible employee, unless there is a discrepancy between the certified amount and the amount actually paid, in which case the office shall determine the regular monthly salary.
(12)
“Regular occupation” means either:
(a)
the primary duties performed by the eligible employee for the 12 months preceding the date of disability; or
(b)
a permanent assignment of duty to the eligible employee, as long as the eligible employee has actually performed all the required duties of the permanent assignment of duty.
(13)
“Rehabilitative employment” means any occupation or employment for wage or profit, for which the eligible employee is reasonably qualified to perform based on education, training, or experience.
(14)
“Total disability” means:
(a)
own occupation disability; or
(b)
ongoing disability.
(15)
(a)
“Workers’ compensation indemnity benefits” means benefits provided that are designed to replace wages under 4, including wage replacement for a temporary disability, temporary partial disability, permanent partial disability, or permanent total disability.
(b)
“Workers’ compensation indemnity benefits” includes a settlement amount following a claim for indemnity benefits.
