§ 49-22-101 Title
§ 49-22-102 Definitions
§ 49-22-103 Creation of system
§ 49-22-104 Creation of trust fund

Terms Used In Utah Code > Title 49 > Chapter 22 > Part 1 - General Provisions

  • 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
  • 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.
  • 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
  • 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
  • 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.
  • 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
  • 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
  • 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
  • Institution of higher education: means an institution described in Section 53B-1-102. See Utah Code 49-11-102
  • 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
  • Office: means the Utah State Retirement Office. 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 :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
  • 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
  • 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
  • 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
  • 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
  • System: means the New Public Employees' Tier II Contributory Retirement System created under this chapter. See Utah Code 49-22-102
  • 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
  • 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