City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
Compensation: includes performance-based bonuses and cost-of-living adjustments. See Utah Code 49-23-102
Final average monthly salary: means the amount computed by dividing the compensation received during the final average salary period under each system by the number of months in the final average salary period. See Utah Code 49-11-102
Final average salary: means the amount calculated by averaging the highest five years of annual compensation preceding retirement subject to Subsections (4)(b), (c), (d), (e), and (f). See Utah Code 49-23-102
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;
(ii)
the state fire marshal appointed under Section 53-7-103 or a deputy state fire marshal; or
external force, violence, or disease occasioned by an act of duty as a public safety service or firefighter service employee; 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 public safety service or firefighter service employee. See Utah Code 49-23-102
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
Public safety 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 law enforcement officer in accordance with Section 53-13-103;
(ii)
a correctional officer in accordance with Section 53-13-104;
(iii)
a special function officer approved in accordance with Sections 49-15-201 and 53-13-105;
(iv)
a dispatcher who is certified in accordance with Section 53-6-303;
(v)
a full-time member of the Board of Pardons and Parole created under Section 77-27-2;
(vi)
the commissioner of the Department of Public Safety; or
(vii)
the executive director of the Department of Corrections. See Utah Code 49-23-102
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
Surviving spouse: means :
(a)
the lawful spouse who has been married to a member for at least six months immediately before the death date of the member; or
(b)
a former lawful spouse of a member with a valid domestic relations order benefits on file with the office before the member's death date in accordance with Section 49-11-612. See Utah Code 49-11-102
System: means the New Public Safety and Firefighter Tier II Contributory Retirement System created under this chapter. See Utah Code 49-23-102
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. See Utah Code 49-23-102
a period, consisting of 12 full months as determined by the board; or
(b)
a period determined by the board, whether consecutive or not, during which a regular full-time employee performed services for a participating employer, including any time the regular full-time employee was absent on a paid leave of absence granted by a participating employer or was absent in the service of the United States government on military duty as provided by this chapter. See Utah Code 49-23-102
(a)
If the member has accrued less than 20 years of public safety service or firefighter service credit, the surviving spouse shall receive:
(i)
a lump sum equal to six months of the active member’s final average salary; and
(ii)
the greater of:
(A)
an allowance equal to 30% of the member’s final average monthly salary; or
(B)
an allowance equal to 2% of the member’s final average monthly salary multiplied by the years of service credit accrued by the member.
(b)
If the member has accrued 20 or more years of public safety service or firefighter service credit, the member shall be considered to have retired with an Option One allowance calculated without an actuarial reduction under Section 49-23-304 and the surviving spouse shall receive the allowance that would have been payable to the member.
(2)
(a)
A volunteer firefighter is eligible for a line-of-duty death benefit under this section if the death results from external force, violence, or disease directly resulting from firefighter service.
(b)
The lowest monthly compensation of firefighters of a city of the first class in this state at the time of death shall be considered to be the final average monthly salary of a volunteer firefighter for purposes of computing these benefits.
(c)
Each volunteer fire department shall maintain a current roll of all volunteer firefighters that meet the requirements of Subsection 49-23-102(14) to determine the eligibility for this benefit.
(3)
(a)
If the death is classified as a line-of-duty death by the office, death benefits are payable under this section and the surviving spouse is not eligible for benefits under Section 49-23-502.
(b)
If the death is not classified as a line-of-duty death by the office, benefits are payable in accordance with Section 49-23-502.
(4)
(a)
A surviving spouse who qualifies for a monthly benefit under this section shall apply in writing to the office.
(b)
The allowance shall begin on the first day of the month following the month in which the:
(i)
member or participant died, if the application is received by the office within 90 days of the date of death of the member or participant; or
(ii)
application is received by the office, if the application is received by the office more than 90 days after the date of death of the member or participant.
