Terms Used In Utah Code > Title 49 > Chapter 12 - Public Employees' Contributory Retirement Act

• Abatement action: means action taken to limit, reduce, mitigate, or eliminate:

  (a)	a release from a petroleum storage tank; or

  (b)

  the damage caused by that release. See Utah Code 19-6-402 Actuarial equivalent: means a benefit of equal value when computed upon the basis of mortality tables as recommended by the actuary and adopted by the executive director, including regular interest. See Utah Code 49-11-102 Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5 Agency: means : (i)  a department, division, agency, office, authority, commission, board, institution, or hospital of the state; (ii)  a county, municipality, school district, special 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 Annuity: means monthly payments derived from member contributions. See Utah Code 49-11-102 Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year. Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization 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 Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC Benefits normally provided: means a benefit offered by an employer, including: (i)  a leave benefit of any kind; (ii)  insurance coverage of any kind if the employer pays some or all of the premium for the coverage; (iii)  employer contributions to a health savings account, health reimbursement account, health reimbursement arrangement, or medical expense reimbursement plan; and (iv)  a retirement benefit of any kind if the employer pays some or all of the cost of the benefit. See Utah Code 49-12-102 Board: means the Utah State Retirement Board established under Section 49-11-202. See Utah Code 49-11-102 Board: means the Waste Management and Radiation Control Board created in Section 19-1-106. See Utah Code 19-6-402 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 Bodily injury: means bodily harm, sickness, disease, or death sustained by a person. See Utah Code 19-6-402 Certificate of compliance: means a certificate issued to a facility by the director: (a)  demonstrating that an owner or operator of a facility containing one or more petroleum storage tanks has met the requirements of this part; and (b)  listing petroleum storage tanks at the facility, specifying: (i)  which tanks may receive petroleum; and (ii)  which tanks have not met the requirements for compliance. See Utah Code 19-6-402 City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Compensation: means 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 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 Corrective action plan: means a plan for correcting a release from a petroleum storage tank that includes provisions for any of the following: (a)  cleanup or removal of the release; (b)  containment or isolation of the release; (c)  treatment of the release; (d)  correction of the cause of the release; (e)  monitoring and maintenance of the site of the release; (f)  provision of alternative water supplies to a person whose drinking water has become contaminated by the release; or (g)  temporary or permanent relocation, whichever is determined by the director to be more cost-effective, of a person whose dwelling has been determined by the director to be no longer habitable due to the release. See Utah Code 19-6-402 Costs: means money expended for: (a)  investigation; (b)  abatement action; (c)  corrective action; (d)  judgments, awards, and settlements for bodily injury or property damage to third parties; (e)  legal and claims adjusting costs incurred by the state in connection with judgments, awards, or settlements for bodily injury or property damage to third parties; or (f)  costs incurred by the state risk manager in determining the actuarial soundness of the fund. See Utah Code 19-6-402 Covered by the fund: means the requirements of Section 19-6-424 have been met. See Utah Code 19-6-402 Current service: means covered service under: (a)  Chapter 12, Public Employees' Contributory Retirement Act; (b)  Chapter 13, Public Employees' Noncontributory Retirement Act; (c)  Chapter 14, Public Safety Contributory Retirement Act; (d)  Chapter 15, Public Safety Noncontributory Retirement Act; (e)  Chapter 16, Firefighters' Retirement Act; (f)  Chapter 17, Judges' Contributory Retirement Act; (g)  Chapter 18, Judges' Noncontributory Retirement Act; (h)  Chapter 19, Utah Governors' and Legislators' Retirement Act; (i)  Chapter 22, New Public Employees' Tier II Contributory Retirement Act; or (j)  Chapter 23, New Public Safety and Firefighter Tier II Contributory Retirement Act. See Utah Code 49-11-102 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. 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 Dependent: A person dependent for support upon another. Director: means the director of the Division of Environmental Response and Remediation. See Utah Code 19-6-402 Division: means the Division of Environmental Response and Remediation, created in Subsection 19-1-105(1)(c). See Utah Code 19-6-402 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 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 Facility: means the petroleum storage tanks located on a single parcel of property or on any property adjacent or contiguous to that parcel. See Utah Code 19-6-402 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)(b), (c), (d), (e), and (f). See Utah Code 49-12-102 Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006. 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 Fund: means the Petroleum Storage Tank Fund created in Section 19-6-409. See Utah Code 19-6-402 Inactive member: means a member who has not been employed by a participating employer for a period of at least 120 days. 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 Intestate: Dying without leaving a will. 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 Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5 Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period. Office: means the Utah State Retirement Office. See Utah Code 49-11-102 Operator: means a person in control of or who is responsible on a daily basis for the maintenance of a petroleum storage tank that is in use for the storage, use, or dispensing of a regulated substance. See Utah Code 19-6-402 Owner: means : (a)  in the case of an underground storage tank in use on or after November 8, 1984, a person who owns an underground storage tank used for the storage, use, or dispensing of a regulated substance; (b)  in the case of an underground storage tank in use before November 8, 1984, but not in use on or after November 8, 1984, a person who owned the tank immediately before the discontinuance of its use for the storage, use, or dispensing of a regulated substance; and (c)  in the case of an aboveground petroleum storage tank, a person who owns the aboveground petroleum storage tank. See Utah Code 19-6-402 Participating employer: means an employer that meets the participation requirements of Sections 49-12-201 and 49-12-202. See Utah Code 49-12-102 Person: means an individual, trust, firm, estate, company, corporation, partnership, association, state, state or federal agency or entity, municipality, commission, or political subdivision of a state. See Utah Code 19-1-103 Person: means :Utah Code 68-3-12.5 Petroleum: includes crude oil or a fraction of crude oil that is liquid at: (a)  60 degrees Fahrenheit; and (b)  a pressure of 14. See Utah Code 19-6-402 Petroleum storage tank: means a tank that: (a)  is an underground storage tank; (b)  is an aboveground petroleum storage tank; or (c)  is a tank containing regulated substances that is voluntarily submitted for participation in the Petroleum Storage Tank Fund under Section 19-6-415. See Utah Code 19-6-402 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 Political subdivision: includes special districts, special service districts, or authorities created by the Legislature or by local governments, including the office. See Utah Code 49-11-102 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 Program: means the Environmental Assurance Program under Section 19-6-410. See Utah Code 19-6-402 Property: includes both real and personal property. See Utah Code 68-3-12.5 Property damage: means physical injury to, destruction of, or loss of use of tangible property. See Utah Code 19-6-402 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 Regulated substance: includes motor fuels, jet fuels, distillate fuel oils, residual fuel oils, lubricants, petroleum solvents, and used oils. See Utah Code 19-6-402 Release: means spilling, leaking, emitting, discharging, escaping, leaching, or disposing a regulated substance from a petroleum storage tank into ground water, surface water, or subsurface soils. See Utah Code 19-6-402 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. Responsible party: is a s defined in Subsections (27)(a)(i), (ii), and (iii) does not include: (i)  a person who is not an operator and, without participating in the management of a facility and otherwise not engaged in petroleum production, refining, and marketing, holds indicia of ownership: (A)  primarily to protect the person's security interest in the facility; or (B)  as a fiduciary or custodian under Title 75, Utah Uniform Probate Code, or under an employee benefit plan; or (ii)  governmental ownership or control of property by involuntary transfers as provided in CERCLA Section 101(20)(D), 42 U. See Utah Code 19-6-402 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 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 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 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 Underground storage tank: means a tank regulated under Subtitle I, Resource Conservation and Recovery Act, 42 U. See Utah Code 19-6-402 United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 Utah Board of Higher Education: means the Utah Board of Higher Education described in Section 53B-1-402. See Utah Code 49-11-102 Writing: includes :Utah Code 68-3-12.5 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