Terms Used In Utah Code > Title 49 > Chapter 22 - New Public Employees' Tier II Contributory Retirement Act

• Abandoned waste tire pile: means a waste tire pile regarding which the local department of health has not been able to:

  (a)	locate the persons responsible for the tire pile; or

  (b)

  cause the persons responsible for the tire pile to remove the tire pile. See Utah Code 19-6-803 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 68-3-12.5 Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths. 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 Amortization: Paying off a loan by regular installments. 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 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. Appointive officer: means an employee appointed to a position for a definite and fixed term of office by official and duly recorded action of a participating employer whose appointed position is designated in the participating employer's charter, creation document, or similar document, and: (a)  who earns $500 or more per month, indexed as of January 1, 1990, as provided in Section 49-12-407 for a Tier I appointive officer; and (b)  whose appointive position is full-time as certified by the participating employer for a Tier II appointive officer. 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. 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 Beneficial use: includes the use of chipped tires: (i)  as daily landfill cover; (ii)  for civil engineering purposes; (iii)  as low-density, light-weight aggregate fill; or (iv)  for septic or drain field construction. See Utah Code 19-6-803 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 the same as that term is defined in Section 49-12-102. See Utah Code 49-22-102 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 chipped tire: means a two inch square or smaller piece of a waste tire. See Utah Code 19-6-803 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 49-22-102 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 Crumb rubber: means waste tires that have been ground, shredded, or otherwise reduced in size such that the particles are less than or equal to 3/4 inch in diameter and are 98% wire free by weight. See Utah Code 19-6-803 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 19-6-803 Division: means the Division of Waste Management and Radiation Control created in Section 19-1-105. See Utah Code 19-6-803 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. Final average salary: means the amount calculated by averaging the highest five years of annual compensation preceding retirement subject to Subsections (4)(b), (c), (d), (e), and (f). See Utah Code 49-22-102 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 the Waste Tire Recycling Fund created in Section 19-6-807. See Utah Code 19-6-803 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 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. 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 68-3-12.5 Landfill waste tire pile: means a waste tire pile: (a)  located within the permitted boundary of a landfill or transfer station operated by a governmental entity; and (b)  consisting solely of waste tires brought to a landfill or transfer station for disposal and diverted from the landfill or transfer station waste stream to the waste tire pile. See Utah Code 19-6-803 Local health department: means the local health department, as defined in Section 26A-1-102, with jurisdiction over the recycler. See Utah Code 19-6-803 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 Nonelective contribution: means an amount contributed by a participating employer into a participant's defined contribution account. See Utah Code 49-11-102 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: (a)  Sections 49-12-201 and 49-12-202; (b)  Sections 49-13-201 and 49-13-202; (c)  Section 49-19-201; or (d)  Section 49-22-201 or 49-22-202. See Utah Code 49-22-102 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 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 Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5 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 Recycler: means a person who: (a)  annually uses, or can reasonably be expected within the next year to use, a minimum of 100,000 waste tires generated in the state or 1,000 tons of waste tires generated in the state to recover energy or produce energy, crumb rubber, chipped tires, or an ultimate product; and (b)  is registered as a recycler in accordance with Section 19-6-806. See Utah Code 19-6-803 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 appointive officer whose appointed position is full time as certified by the participating employer; (iv)  the governor, the lieutenant governor, the state auditor, the state treasurer, the attorney general, and a state legislator; (v)  an elected official not included under Subsection (6)(b)(iv) whose elected position is full time as certified by the participating employer; (vi)  a faculty member or employee of an institution of higher education who is considered full time by that institution of higher education; and (vii)  an individual who otherwise meets the definition of this Subsection (6) who performs services for a participating employer through a professional employer organization or similar arrangement. See Utah Code 49-22-102 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 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. Shredded waste tires: means waste tires or material derived from waste tires that has been reduced to a six inch square or smaller. See Utah Code 19-6-803 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 Statute: A law passed by a legislature. 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 New Public Employees' Tier II Contributory Retirement System created under this chapter. See Utah Code 49-22-102 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)  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 Tire: means a pneumatic rubber covering designed to encircle the wheel of a vehicle in which a person or property is or may be transported or drawn upon a highway. See Utah Code 19-6-803 Tire retailer: means a person engaged in the business of selling new tires either as replacement tires or as part of a new vehicle sale. See Utah Code 19-6-803 Ultimate product: includes pyrolized materials derived from: (i)  waste tires; or (ii)  chipped tires. See Utah Code 19-6-803 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 Voluntary deferrals: means an amount contributed by a participant into that participant's defined contribution account. See Utah Code 49-11-102 Waste tire: means : (a)  a tire that is no longer suitable for the tire's original intended purpose because of wear, damage, or defect; or (b)  a tire that a tire retailer removes from a vehicle for replacement with a new or used tire. See Utah Code 19-6-803 Waste tire pile: means a pile of 200 or more waste tires at one location. See Utah Code 19-6-803 Waste tire transporter: includes a person engaged in the business of collecting, hauling, or transporting waste tires or who performs these functions for another person, except as provided in Subsection (31)(c). See Utah Code 19-6-803 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 49-22-102