§ 13-10-1 Title of chapter
§ 13-10-2 Purpose of chapter
§ 13-10-3 Definitions
§ 13-10-4 Prohibited practices
§ 13-10-5 Exemptions
§ 13-10-6 Violation a misdemeanor
§ 13-10-7 Application of provisions
§ 13-10-8 Failure to disclose the origin of a recording — Penalty

Terms Used In Utah Code > Title 13 > Chapter 10

  • 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
  • Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 48-2e-1156
  • Affiliated emergency services worker: means a person who:
    (i) is employed by a participating employer;
    (ii) performs emergency services for another participating employer that is a different agency;
    (iii) is trained in techniques and skills required for the emergency service;
    (iv) continues to receive regular training required for the service;
    (v) is on the rolls as a trained affiliated emergency services worker of the participating employer; and
    (vi) provides ongoing service for a participating employer, which service may include service as a volunteer firefighter, reserve law enforcement officer, search and rescue worker, emergency medical technician, ambulance worker, park ranger, or public utilities worker. See Utah Code 49-11-1202
  • Agency: means :
    (i) a department, division, agency, office, authority, commission, board, institution, or hospital of the state;
    (ii) a county, municipality, school district, local district, or special service district;
    (iii) a state college or university; or
    (iv) any other participating employer. See Utah Code 49-11-102
  • Alternate payee: means a member's former spouse or family member eligible to receive payments under a Domestic Relations Order in compliance with Section 49-11-612. See Utah Code 49-11-102
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Amortization: Paying off a loan by regular installments.
  • Amortization rate: means the amortization rate, as defined in Section 49-11-102, to be applied to the system that would have covered the retiree if the retiree's reemployed position were deemed to be an eligible, full-time position within that system. See Utah Code 49-11-1202
  • Amortization rate: means the amortization rate, as defined in Section 49-11-102, to be applied to the system that would have covered the retiree if the retiree's part-time position were considered to be an eligible, full-time position within that system. See Utah Code 49-11-1301
  • Amortization rate: means the board certified percent of salary required to amortize the unfunded actuarial accrued liability in accordance with policies established by the board upon the advice of the actuary. See Utah Code 49-11-102
  • Annuity: means monthly payments derived from member contributions. See Utah Code 49-11-102
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • At-will employee: means a person who is employed by a participating employer and:
    (i) who is not entitled to merit or civil service protection and is generally considered exempt from a participating employer's merit or career service personnel systems;
    (ii) whose on-going employment status is entirely at the discretion of the person's employer; or
    (iii) who may be terminated without cause by a designated supervisor, manager, or director. See Utah Code 49-11-102
  • Beneficiary: means any person entitled to receive a payment under this title through a relationship with or designated by a member, participant, covered individual, or alternate payee of a defined contribution plan. See Utah Code 49-11-102
  • Board: means the Utah State Retirement Board established under Section 49-11-202. See Utah Code 49-11-102
  • Board member: means a person serving on the Utah State Retirement Board as established under Section 49-11-202. See Utah Code 49-11-102
  • Certified contribution rate: means the board certified percent of salary paid on behalf of an active member to the office to maintain the system on a financially and actuarially sound basis. See Utah Code 49-11-102
  • Compensation: means , except as provided in Subsection (2)(c), the total amount of payments made by a participating employer to a member of this system for services rendered to the participating employer, including:
    (i) bonuses;
    (ii) cost-of-living adjustments;
    (iii) other payments currently includable in gross income and that are subject to social security deductions, including any payments in excess of the maximum amount subject to deduction under social security law;
    (iv) amounts that the member authorizes to be deducted or reduced for salary deferral or other benefits authorized by federal law; and
    (v) member contributions. See Utah Code 49-12-102
  • Conditional use: means a land use that, because of its unique characteristics or potential impact on the municipality, surrounding neighbors, or adjacent land uses, may not be compatible in some areas or may be compatible only if certain conditions are required that mitigate or eliminate the detrimental impacts. See Utah Code 10-9a-103
  • Construction: means the function of constructing or reconstructing a sidewalk with or without curb and gutter and includes land acquisition and engineering or inspection as defined by the rules and regulations of the department. See Utah Code 49-11-1001
  • Construction: means the construction, reconstruction, replacement, and improvement of the highways, including the acquisition of rights-of-way and material sites. See Utah Code 72-1-102
  • Contract: A legal written agreement that becomes binding when signed.
  • 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
  • Conviction: A judgement of guilt against a criminal defendant.
  • 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.
  • County legislative body: means :Utah Code 48-2e-1156
  • 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
  • Department: means the Department of Transportation created in Section 72-1-201. See Utah Code 72-1-102
  • Dependent: A person dependent for support upon another.
  • Educational institution: means a political subdivision or instrumentality of the state or a combination thereof primarily engaged in educational activities or the administration or servicing of educational activities, including:
    (a) the State Board of Education and its instrumentalities;
    (b) any institution of higher education and its branches;
    (c) any school district and its instrumentalities;
    (d) any vocational and technical school; and
    (e) any entity arising out of a consolidation agreement between entities described under this Subsection (22). 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
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Exempt employee: means an employee working for a participating employer:
    (a) who is not eligible for service credit under Section 49-12-203, 49-13-203, 49-14-203, 49-15-203, or 49-16-203; and
    (b) for whom a participating employer is not required to pay contributions or nonelective contributions. See Utah Code 49-11-102
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiduciary: A trustee, executor, or administrator.
  • 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 (3)(a), (b), (c), (d), and (e). See Utah Code 49-12-102
  • Fixed: means embodied in a recording or other tangible medium of expression, by or under the authority of the author, so that the matter embodied in the recording or other tangible medium of expression is sufficiently permanent or stable to permit it to be perceived, reproduced, or otherwise communicated for a period of more than transitory duration. See Utah Code 10-9a-503
  • Flood plain: means land that:
    (a) is within the 100-year flood plain designated by the Federal Emergency Management Agency; or
    (b) has not been studied or designated by the Federal Emergency Management Agency but presents a likelihood of experiencing chronic flooding or a catastrophic flood event because the land has characteristics that are similar to those of a 100-year flood plain designated by the Federal Emergency Management Agency. See Utah Code 10-9a-103
  • Full-time: means a:
    (a) regular full-time employee whose term of employment for a participating employer contemplates continued employment during a fiscal or calendar year and whose employment normally requires an average of 40 hours or more per week and who receives benefits normally provided by the participating employer;
    (b) teacher whose term of employment for a participating employer contemplates continued employment during a school year and who teaches full time;
    (c) firefighter service employee whose employment normally requires an average of 2,080 hours of regularly scheduled firefighter service per year; and
    (d) public safety service employee whose employment normally requires an average of 2,080 hours of regularly scheduled public safety service per year. See Utah Code 49-11-1301
  • Fund: means any fund created under this title for the purpose of paying benefits or costs of administering a system, plan, or program. See Utah Code 49-11-102
  • Geologic hazard: means :
    (a) a surface fault rupture;
    (b) shallow groundwater;
    (c) liquefaction;
    (d) a landslide;
    (e) a debris flow;
    (f) unstable soil;
    (g) a rock fall; or
    (h) any other geologic condition that presents a risk:
    (i) to life;
    (ii) of substantial loss of real property; or
    (iii) of substantial damage to real property. See Utah Code 10-9a-103
  • Half-time: means a:
    (a) regular employee whose term of employment for a participating employer contemplates continued employment during a fiscal or calendar year and whose employment normally requires an average of 20 hours per week and who receives benefits normally provided by the participating employer;
    (b) teacher whose term of employment for a participating employer contemplates continued employment during a school year and who teaches half time;
    (c) firefighter service employee whose employment normally requires an average of 1,040 hours of regularly scheduled firefighter service per year; and
    (d) public safety service employee whose employment normally requires an average of 1,040 hours of regularly scheduled public safety service per year. See Utah Code 49-11-1301
  • Highway: includes :Utah Code 48-2e-1156
  • Highway: means any public road, street, alley, lane, court, place, viaduct, tunnel, culvert, bridge, or structure laid out or erected for public use, or dedicated or abandoned to the public, or made public in an action for the partition of real property, including the entire area within the right-of-way. See Utah Code 72-1-102
  • Highway authority: means the department or the legislative, executive, or governing body of a county or municipality. See Utah Code 72-1-102
  • Impact fee: means a payment of money imposed under Title 11, Chapter 36a, Impact Fees Act. See Utah Code 10-9a-103
  • Initially entering: includes an employee of a participating employer, except for an employee that is not eligible under a system or plan under this title, who:
    (i) does not have any prior service credit on file with the office;
    (ii) is covered by a retirement plan other than a retirement plan created under this title; and
    (iii) moves to a position with a participating employer that is covered by this title. See Utah Code 49-11-102
  • Institution of higher education: means an institution described in Section 53B-1-102. See Utah Code 49-11-102
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Land: includes :Utah Code 48-2e-1156
  • Land use authority: means :
    (a) a person, board, commission, agency, or body, including the local legislative body, designated by the local legislative body to act upon a land use application; or
    (b) if the local legislative body has not designated a person, board, commission, agency, or body, the local legislative body. See Utah Code 10-9a-103
  • Land use decision: means an administrative decision of a land use authority or appeal authority regarding:
    (a) a land use permit;
    (b) a land use application; or
    (c) the enforcement of a land use regulation, land use permit, or development agreement. See Utah Code 10-9a-103
  • Legislative body: means the municipal council. See Utah Code 10-9a-103
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Local historic district or area: means a geographically definable area that:
    (a) contains any combination of buildings, structures, sites, objects, landscape features, archeological sites, or works of art that contribute to the historic preservation goals of a legislative body; and
    (b) is subject to land use regulations to preserve the historic significance of the local historic district or area. See Utah Code 10-9a-103
  • 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
  • Member contributions: means the sum of the contributions paid to a system or the Utah Governors' and Legislators' Retirement Plan, including refund interest if allowed by a system, and which are made by:
    (a) the member; and
    (b) the participating employer on the member's behalf under Section 414(h) of the Internal Revenue Code. See Utah Code 49-11-102
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Month: means a calendar month, unless otherwise expressed. See Utah Code 48-2e-1156
  • Municipal: means of or relating to a municipality. See Utah Code 10-1-104
  • Municipality: means :
    (a) a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class;
    (b) a town, as classified in Section 10-2-301; or
    (c) a metro township as that term is defined in Section 10-2a-403 unless the term is used in the context of authorizing, governing, or otherwise regulating the provision of municipal services. See Utah Code 10-1-104
  • Office: means the Utah State Retirement Office. See Utah Code 49-11-102
  • Owner: means the person, corporation, partnership, or business association who owns the sounds fixed in a master phonograph record, master disc, master wire, master tape, master film, or other device used for reproducing recorded sounds on phonograph records, discs, wires, tapes, films, or other articles or materials in which sound is recorded and from which the transferred recorded sounds are directly or indirectly derived. See Utah Code 10-9a-503
  • Part-time appointed board member: means a person:
    (a) who is appointed to serve as a member of a board, commission, council, committee, or panel of a participating employer; and
    (b) whose service as a part-time appointed board member does not qualify as a regular full-time employee as defined under Section 49-12-102, 49-13-102, or 49-22-102. See Utah Code 49-11-102
  • 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
  • Participating employer: means a participating employer, as defined 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, and Chapter 18, Judges' Noncontributory Retirement Act, or an agency financed in whole or in part by public funds which is participating in a system or plan as of January 1, 2002. See Utah Code 49-11-102
  • Participating employer: means an employer which meets the participation requirements of Sections 49-12-201 and 49-12-202. See Utah Code 49-12-102
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Pedestrian safety devices: means any device or method designed to foster the safety of pedestrian traffic including sidewalks, curbs, gutters, and pedestrian overpasses. See Utah Code 49-11-1001
  • Person: means :Utah Code 48-2e-1156
  • Phased retirement: means continuing employment on a half-time basis of a retiree with the same participating employer following the retiree's retirement date while the retiree receives a reduced retirement allowance. See Utah Code 49-11-1301
  • 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 Chapter 22, Part 4, Tier II Defined Contribution Plan, the New Public Safety and Firefighter Tier II Defined Contribution Plan created by Chapter 23, Part 4, Tier II Defined Contribution Plan, or the defined contribution plans created under Section 49-11-801. See Utah Code 49-11-102
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Political subdivision: includes local districts, special service districts, or authorities created by the Legislature or by local governments, including the office. See Utah Code 49-11-102
  • Potential geologic hazard area: means an area that:
    (a) is designated by a Utah Geological Survey map, county geologist map, or other relevant map or report as needing further study to determine the area's potential for geologic hazard; or
    (b) has not been studied by the Utah Geological Survey or a county geologist but presents the potential of geologic hazard because the area has characteristics similar to those of a designated geologic hazard area. See Utah Code 10-9a-103
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 48-2e-1156
  • Program: means the Public Employees' Insurance Program created under Chapter 20, Public Employees' Benefit and Insurance Program Act, or the Public Employees' Long-Term Disability program created under Chapter 21, Public Employees' Long-Term Disability Act. See Utah Code 49-11-102
  • Property: includes both real and personal property. See Utah Code 48-2e-1156
  • Public hearing: means a hearing at which members of the public are provided a reasonable opportunity to comment on the subject of the hearing. See Utah Code 10-9a-103
  • Public meeting: means a meeting that is required to be open to the public under Title 52, Chapter 4, Open and Public Meetings Act. See Utah Code 10-9a-103
  • real property: includes :Utah Code 48-2e-1156
  • reemployment: means work or service performed for a participating employer after retirement, in exchange for compensation. See Utah Code 49-11-1202
  • Refund interest: means the amount accrued on member contributions at a rate adopted by the board. See Utah Code 49-11-102
  • Regular full-time employee: includes :
    (i) a teacher whose term of employment for a participating employer contemplates continued employment during a school year and who teaches half-time or more;
    (ii) a classified school employee:
    (A) who is hired before July 1, 2013; and
    (B) whose employment normally requires an average of 20 hours per week or more for a participating employer, regardless of benefits provided;
    (iii) an officer, elective or appointive, who earns $500 or more per month, indexed as of January 1, 1990, as provided in Section 49-12-407;
    (iv) a faculty member or employee of an institution of higher education who is considered full-time by that institution of higher education; and
    (v) an individual who otherwise meets the definition of this Subsection (5) who performs services for a participating employer through a professional employer organization or similar arrangement. See Utah Code 49-12-102
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • 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
  • retirement allowance: means the pension plus the annuity, including any cost of living or other authorized adjustments to the pension and annuity. See Utah Code 49-11-102
  • Retirement date: means the date selected by the member on which the member's retirement becomes effective with the office. See Utah Code 49-11-102
  • Ride-sharing arrangement: means either a car-pool, van-pool, or both. See Utah Code 49-12-103
  • Road: includes :Utah Code 48-2e-1156
  • 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 48-2e-1156
  • State: includes any department, division, or agency of the state. See Utah Code 10-9a-103
  • State Board of Regents: means the State Board of Regents established in Section 53B-1-103. See Utah Code 49-11-102
  • Subdivision: includes :
    (i) the division or development of land whether by deed, metes and bounds description, devise and testacy, map, plat, or other recorded instrument; and
    (ii) except as provided in Subsection (57)(c), divisions of land for residential and nonresidential uses, including land used or to be used for commercial, agricultural, and industrial purposes. See Utah Code 10-9a-103
  • 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 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 Chapter 22, Part 3, Tier II Hybrid Retirement System, and the defined benefit portion of the Tier II Hybrid Retirement System under Chapter 23, Part 3, Tier II Hybrid Retirement System. See Utah Code 49-11-102
  • System: means the Public Employees' Contributory Retirement System created under this chapter. See Utah Code 49-12-102
  • Technical college: means the same as that term is defined in Section 53B-1-101. See Utah Code 49-11-102
  • Tier I: means a system or plan under this title for which:
    (a) an employee is eligible to participate if the employee initially enters regular full-time employment before July 1, 2011; or
    (b) a governor or legislator who initially enters office before July 1, 2011. See Utah Code 49-11-102
  • Tier II: includes :
    (i) the Tier II hybrid system established under:
    (A) Chapter 22, Part 3, Tier II Hybrid Retirement System; or
    (B) Chapter 23, Part 3, Tier II Hybrid Retirement System; and
    (ii) the Tier II Defined Contribution Plan (Tier II DC Plan) established under:
    (A) Chapter 22, Part 4, Tier II Defined Contribution Plan; or
    (B) Chapter 23, Part 4, Tier II Defined Contribution Plan. See Utah Code 49-11-102
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 48-2e-1156
  • Verdict: The decision of a petit jury or a judge.
  • Voluntary deferrals: means an amount contributed by a participant into that participant's defined contribution account. See Utah Code 49-11-102
  • Writing: includes :Utah Code 48-2e-1156
  • Years of service credit: means :
    (a) a period consisting of 12 full months as determined by the board;
    (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; or
    (c) the regular school year consisting of not less than eight months of full-time service for a regular full-time employee of an educational institution. See Utah Code 49-12-102
  • Zoning map: means a map, adopted as part of a land use ordinance, that depicts land use zones, overlays, or districts. See Utah Code 10-9a-103
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