49-23-504.  Death of members — Exemption from vesting requirements for employer nonelective contributions to defined contribution plan.

(1) 

Terms Used In Utah Code 49-23-504

  • Active member: means a member who:
(i) is employed by a participating employer and accruing service credit; or
(ii) within the previous 120 days:
(A) has been employed by a participating employer; and
(B) accrued service credit. 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
  • defined contribution plan: means any defined contribution plan or deferred compensation plan authorized under the Internal Revenue Code and administered by the board. See Utah Code 49-11-102
  • 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
  • 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
  • Participating employer: means an employer that meets the participation requirements of:
    (a) Sections 49-14-201 and 49-14-202;
    (b) Sections 49-15-201 and 49-15-202;
    (c) Sections 49-16-201 and 49-16-202; or
    (d) Sections 49-23-201 and 49-23-202. See Utah Code 49-23-102
  • 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
  • (a)  If an active member dies, employer nonelective contributions made on behalf of the employee to a defined contribution plan under Section 49-23-302 or 49-23-401 are exempt from the vesting requirements of Subsections 49-23-302(2)(a) and 49-23-401(3)(a).

    (b)  The total amount of nonelective contributions made by the participating employer vests to the member upon death and the member’s beneficiary is entitled to receive a distribution of the employer contributions made on behalf of the employee and all associated investment gains and losses.
  • (2)  Employer contributions vested and distributed under this section are in addition to and separate from the benefits payable under Sections 49-23-501, 49-23-502, and 49-23-503.

    Enacted by Chapter 315, 2015 General Session