(1) 

Terms Used In Utah Code 49-21-404

  • Board: means the Utah State Retirement Board established under Section 49-11-202. See Utah Code 49-11-102
  • 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:
(i) 
(A) any regular full-time employee as defined under Section 49-12-102, 49-13-102, or 49-22-102;
(B) any public safety service employee as defined under Section 49-14-102, 49-15-102, or 49-23-102;
(C) any firefighter service employee or volunteer firefighter as defined under Section 49-23-102 who began firefighter service on or after July 1, 2011;
(D) any judge as defined under Section 49-17-102 or 49-18-102; or
(E) the governor of the state;
(ii) an employee who is exempt from participating in a retirement system under Subsection 49-12-203(4), 49-13-203(4), 49-14-203(1), or 49-15-203(1); and
(iii) 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
  • Monthly disability benefit: means the monthly payments and accrual of service credit under Section 49-21-401. See Utah Code 49-21-102
  • System: means the individual retirement systems created by Chapter 12, Public Employees' Contributory Retirement Act, Chapter 13, Public Employees' Noncontributory Retirement Act, Chapter 14, Public Safety Contributory Retirement Act, Chapter 15, Public Safety Noncontributory Retirement Act, Chapter 16, Firefighters' Retirement Act, Chapter 17, Judges' Contributory Retirement Act, Chapter 18, Judges' Noncontributory Retirement Act, and Chapter 19, Utah Governors' and Legislators' Retirement Act, the defined benefit portion of the Tier II Hybrid Retirement System under 3, and the defined benefit portion of the Tier II Hybrid Retirement System under 3. See Utah Code 49-11-102
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • (a)  An eligible employee receiving a monthly disability benefit shall receive an annual adjustment on the date following the end of the elimination period to reflect annual changes in the United States Bureau of Labor Statistics Consumer Price Index average as determined by the board.

    (b)  This adjustment may not exceed adjustments made to retirees under the system which covered the eligible employee on the date of disability.

    (2)  If an employee is not participating in a system, the annual adjustment may not exceed the adjustment paid in the system which would cover the employee if the employee were participating in a system.

    Amended by Chapter 240, 2003 General Session