Utah Code > Title 49 > Chapter 15 – Public Safety Noncontributory Retirement Act
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Terms Used In Utah Code > Title 49 > Chapter 15 - Public Safety Noncontributory Retirement Act
- 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 - 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
- Advanced recycling: means a manufacturing process that converts post-use polymers or recovered feedstock into basic raw materials, chemicals, or advanced recycling products using technology including:
(i) pyrolysis; (ii) gasification; (iii) depolymerization; (iv) catalytic cracking; (v) reforming; (vi) hydrogenation; (vii) solvolysis; or (viii) chemolysis. See Utah Code 19-6-502 - 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
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- 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
- Board: means the Waste Management and Radiation Control Board appointed under Title 19, Chapter 6, Hazardous Substances. See Utah Code 19-6-601
- 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
- Compensation: includes performance-based bonuses and cost-of-living adjustments. See Utah Code 49-15-102
- 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
- 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 Waste Management and Radiation Control. See Utah Code 19-6-601
- Dispatcher: means the same as that term is defined in Section 53-6-102. See Utah Code 49-15-102
- 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.
- 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 three years of annual compensation preceding retirement subject to Subsections (3)(b), (c), and (d). See Utah Code 49-15-102
- 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
- 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
- Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
- 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.
- Jurisdiction: means the area within the incorporated limits of:
(a) a municipality; (b) a special service district; (c) a municipal-type service district; (d) a service area; or (e) the territorial area of a county not lying within a municipality. See Utah Code 19-6-502 - Land: includes :Utah Code 68-3-12.5
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Line-of-duty death: means a death resulting from:
(i) external force, violence, or disease occasioned by an act of duty as a public safety 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 employee. See Utah Code 49-15-102 - Long-term agreement: means an agreement or contract having a term of more than five years but less than 50 years. See Utah Code 19-6-502
- 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
- Municipal residential waste: means solid waste that is:
(a) discarded or rejected at a residence within the public entity's jurisdiction; and (b) collected at or near the residence by: (i) a public entity; or (ii) a person with whom the public entity has as an agreement to provide solid waste management. See Utah Code 19-6-502 - Office: means the Utah State Retirement Office. 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 an employer that meets the participation requirements of Section 49-15-201. See Utah Code 49-15-102
- 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
- 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
- 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 68-3-12.5
- Public entity: means :
(a) a county; (b) a municipality; (c) a special service district under Title 17D, Chapter 1, Special Service District Act; (d) a service area under 9; or (e) a municipal-type service district created under Title 17, Chapter 34, Municipal-Type Services to Unincorporated Areas. See Utah Code 19-6-502 - 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 49-15-102 - Public safety service employee: means an employee of a participating employer who performs public safety service under this chapter. See Utah Code 49-15-102
- Requirement: means an ordinance, policy, rule, mandate, or other directive that imposes a legal duty on a person. See Utah Code 19-6-502
- Resource recovery: means the separation, extraction, recycling, or recovery of usable material, energy, fuel, or heat from solid waste and the disposition of it. See Utah Code 19-6-502
- 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 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 - Solid waste: means a putrescible or nonputrescible material or substance discarded or rejected as being spent, useless, worthless, or in excess of the owner's needs at the time of discard or rejection, including:
(i) garbage; (ii) refuse; (iii) industrial and commercial waste; (iv) sludge from an air or water control facility; (v) rubbish; (vi) ash; (vii) contained gaseous material; (viii) incinerator residue; (ix) demolition and construction debris; (x) a discarded automobile; and (xi) offal. See Utah Code 19-6-502 - Solid waste management: means the purposeful and systematic collection, transportation, storage, processing, recovery, or disposal of solid waste. See Utah Code 19-6-502
- Solid waste management facility: means a facility employed for solid waste management, including:
(i) a transfer station; (ii) a transport system; (iii) a baling facility; (iv) a landfill; and (v) a processing system, including: (A) a resource recovery facility; (B) a facility for reducing solid waste volume; (C) a plant or facility for compacting, or composting, of solid waste; (D) an incinerator; (E) a solid waste disposal, reduction, pyrolization, or conversion facility; (G) an auxiliary energy facility that is connected to a facility for resource recovery of energy as described in Subsection (23)(a)(v)(F), that: (I) is fueled by natural gas, landfill gas, or both; (II) consists of a facility for the production, transmission, distribution, and sale of supplemental heat and steam to meet all or a portion of the heat and steam requirements of a military installation of the United States; and (III) consists of a facility for the generation, transmission, distribution, and sale of electric energy to a public utility, a municipality described in Subsection (23)(a)(v)(F)(II), or a political subdivision created under Title 11, Chapter 13, Interlocal Cooperation Act. See Utah Code 19-6-502 - 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
- Strenuous activity: includes participating in a participating employer sanctioned and funded training exercise that involves difficult, stressful, or vigorous physical activity. See Utah Code 49-15-102
- 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 Safety Noncontributory Retirement System created under this chapter. See Utah Code 49-15-102
- 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) 3; or (B) 3; and (ii) the Tier II Defined Contribution Plan (Tier II DC Plan) established under: (A) 4; or (B) 4. See Utah Code 49-11-102 - United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
- Writing: includes :Utah Code 68-3-12.5
- Years of service credit: means the number of periods, each to consist of 12 full months as determined by the board, whether consecutive or not, during which a public safety service employee was employed by a participating employer, including time the public safety service employee was absent in the service of the United States government on military duty. See Utah Code 49-15-102