(1)  Except as provided in Subsection (2), the following funds are exempt from this chapter:

Terms Used In Utah Code 51-7-2

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Land: includes :Utah Code 68-3-12.5
  • 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)  funds invested in accordance with the participating employees’ designation or direction pursuant to a public employees’ deferred compensation plan established and operated in compliance with Section 457 of the Internal Revenue Code of 1986, as amended;

(b)  funds of the Utah State Retirement Board;

(c)  funds of the Utah Housing Corporation;

(d)  endowment funds of higher education institutions, including funds of the Higher Education Student Success Endowment, created in Section 53B-7-802;

(e)  permanent and other land grant trust funds established pursuant to the Utah Enabling Act and the Utah Constitution;

(f)  the State Post-Retirement Benefits Trust Fund;

(g)  the funds of the Utah Educational Savings Plan;

(h)  funds of the permanent state trust fund created by and operated under Utah Constitution, Article XXII, Section 4;

(i)  the funds in the Navajo Trust Fund;

(j)  the funds in the Radioactive Waste Perpetual Care and Maintenance Account;

(k)  the funds in the Employers’ Reinsurance Fund;

(l)  the funds in the Uninsured Employers’ Fund;

(m)  the Utah State Developmental Center Long-Term Sustainability Fund, created in Section 26B-1-331;

(n)  the funds in the Risk Management Fund created in Section 63A-4-201; and

(o)  the Utah fund of funds created in Section 63N-6-401.

(2)  Except for the funds of the Utah State Retirement Board and the Utah Educational Savings Plan, the funds described in Subsection (1) are not exempt from Subsections 51-7-14(2) and (3).

Amended by Chapter 139, 2023 General Session
Amended by Chapter 242, 2023 General Session
Amended by Chapter 328, 2023 General Session