Title 49, Title 49: Utah State Retirement and Insurance Benefit Act

49-11-607. Determination of benefits -- Errors in records or calculations -- Correction of errors by the office. (1) After the retirement date, which shall be set by a member in the member's application for retirement, no alteration, addition, or cancellation of a benefit may be …

49-11-608. False statements or records -- Unlawfully cashing benefit checks -- Unlawfully obtaining or appropriating benefit payments. (1) A person who knowingly makes any false statement, or who falsifies or permits to be falsified any record necessary for carrying out the inten…

49-11-609. Beneficiary designations -- Revocation of beneficiary designation -- Procedure -- Beneficiary not designated -- Payment to survivors in order established under the Uniform Probate Code -- Restrictions on payment -- Payment of deceased's expenses. (1) As used in this se…

49-11-610. Benefits payable in name of beneficiary -- Delivery. (1) Any benefits payable to a beneficiary shall be made in the name of and delivered to the beneficiary or the lawfully appointed guardian or conservator of the beneficiary, or delivered as otherwise ordered by a cou…

49-11-611. Benefits and money in the fund exempt from taxation -- Exceptions. (1) Except as provided under Subsection, the benefits accrued or paid to any beneficiary of any system or plan administered by the board and the contributions, money, securities, and other assets in the…

49-11-612. Domestic relations order benefits -- Nonassignability of benefits or payments -- Exemption from legal process. (1) As used in this section, "domestic relations order benefits" means: an allowance; a defined contribution account established under:; Part 8, Defined Contr…

49-11-613. Appeals procedure -- Right of appeal to hearing officer -- Board reconsideration -- Judicial review -- Docketing abstract of final administrative order. (1) A member, retiree, participant, alternative payee, covered individual, employer, participating employer, and cov…

49-11-613.5. Limitation of actions -- Cause of action. (1) Subject to the procedures provided in Sectionand except as provided in Subsection, a party may bring an action regarding a benefit, right, obligation, or employment right brought under this title within four years after t…

49-11-614. Vesting on termination of system or plan. If any system or the Utah Governors' and Legislators' Retirement Plan is terminated, the accrued benefits of each member in the terminated system or plan shall immediately become vested and nonforfeitable.

49-11-615. Election to grandfather -- Applicability of provisions. (1) Notwithstanding any other provision of this title, the allowance payable to any person who becomes a member of any system, administered by the board on or after January 1, 1990, may not exceed the limitation i…

49-11-616. Benefits information. (1) The office shall provide written general information to each participating employer concerning benefits available under this title. (2) A participating employer shall provide the information under Subsectionto each eligible employee: (1) immed…

49-11-617. Original documents. (1) At the reasonable discretion of the office, any document relating to this title may be treated as an original, whether created by photocopy, facsimile, e-mail, electronic transmission, imaging, or other technology. (2) The office may communicate…

49-11-618. Members and beneficiaries subject to chapter -- Furnishing of information -- Confidentiality of information. (1) Every member, retiree, participant, covered individual, alternate payee, and beneficiary is subject to this chapter, rules made by the board or office, boar…

49-11-619. Permanent relinquishment of benefit -- Procedure. (1) A member or retiree may not permanently relinquish a benefit under this title. Except for a defined contribution plan authorized by this title, a designated beneficiary may permanently relinquish a benefit under thi…

49-11-620. Closing the retirement account -- Status of retirees and beneficiaries. (1) The monthly benefit payable for the month a retiree, beneficiary, or alternate payee dies shall be a full monthly benefit and shall be payable to the estate of the deceased. (2) If more than on…

49-11-621. Change in employer -- Eligibility for retirement. (1) If a participating employer is dissolved, consolidated, merged, or is structurally changed in any way, but similar services are provided by the same members after the change, the members may not be considered termin…

49-11-622. Subsidiaries or other companies owned by independent corporations -- Participation -- Withdrawal. (1) Notwithstanding any other provision of this title, an independent corporation, as defined in Section, which participates in a system or plan prior to July 1, 2006, and…

49-11-623. Withdrawing entity -- Participation election date -- Withdrawal costs -- Rulemaking. (1) As used in this section, "withdrawing entity" means an entity that: participates in a system or plan under this title prior to July 1, 2014; provides mental health and substance ab…

49-11-624. Withdrawing entity -- Participation election date -- Withdrawal costs -- Rulemaking. (1) As used in this section, "withdrawing entity" means the mutual corporation that is the successor to the quasi-public corporation created under, which is the chapter repealed by. (2…

49-11-625. Withdrawing independent entity -- Participation election date -- Withdrawal costs -- Rulemaking. (1) As used in this section, "withdrawing entity" means an entity that: participates in a system or plan under this title before January 1, 2021; is an independent entity l…

49-11-626. Withdrawing entity -- Participation election date -- Withdrawal costs -- Rulemaking. (1) As used in this section, "withdrawing entity" means an entity that: participates in a system or plan under this title before January 1, 2023; and is a public employees' association…

49-11-701. Allowance increase to offset tax liability -- Administration. (1) This section applies to members of any system administered by the board under this title, whose retirement allowance remained exempt from the tax imposed under, pursuant to, Section 2, but whose allowanc…

49-11-801. Defined contribution plans authorized -- Subject to federal and state laws -- Rules to implement this provision -- Costs of administration -- Limitations on eligibility -- Protection of tax status. (1) The board shall establish and administer defined contribution plans…

49-11-802. Permanent relinquishment of defined contribution benefit -- Procedure. (1) A participant under a defined contribution plan may not permanently relinquish the benefit. (2) A designated beneficiary under a defined contribution plan may permanently relinquish the benefit …

49-11-901.5. Premium tax revenues -- Distribution. (1) Beginning fiscal year 2027 and in accordance with this section, there shall be paid to the office: the first $4,000,000 collected from the annual tax levied, assessed, and collected under, upon premiums for property insurance…

49-12-101. Title. This chapter is known as the "Public Employees' Contributory Retirement Act."

49-12-102. Definitions. As used in this chapter: (1) "Benefits normally provided" means a benefit offered by an employer, including: a leave benefit of any kind; insurance coverage of any kind if the employer pays some or all of the premium for the coverage; employer contribution…

49-12-103. Creation of system. There is created for members employed by a participating employer the "Public Employees' Contributory Retirement System."

49-12-104. Creation of trust fund. (1) There is created the "Public Employees' Contributory Retirement Trust Fund" for the purpose of paying the benefits and costs of administering this system. (2) The fund shall consist of all money paid into it, including interest, in accordanc…

49-12-201. System membership -- Eligibility. (1) A regular full-time employee of a participating employer is eligible for service credit in this system upon the later of: the date on which the participating employer began participating in this system; or the effective date of emp…

49-12-202. Participation of employers -- Limitations -- Exclusions -- Admission requirements -- Exceptions -- Nondiscrimination requirements. (1) Unless excluded under Subsection, an employer is a participating employer and may not withdraw from participation in this system. (2) …

49-12-203. Exclusions from membership in system. (1) The following employees are not eligible for service credit in this system: subject to the requirements of Subsection, an employee whose employment status is temporary in nature due to the nature or the type of work to be perfo…

49-12-204. Higher education employees' eligibility requirements -- Election between different retirement plans -- Classification requirements -- Transfer between systems -- One-time election window -- Rulemaking. (1) A regular full-time employee of an institution of higher educat…

49-12-301. Contributions -- Two levels -- Election by a participating employer to pay employee contributions -- Accounting for and vesting of member contributions -- Deductions. (1) Participating employers and members shall jointly pay the certified contribution rates to the offi…

49-12-302. Purchase of service credit. Any member who works 20 or more hours per week for a participating employer participating in this system, but does not meet other eligibility requirements for service credit, may purchase the service credit in accordance with Section.

49-12-401. Eligibility for an allowance -- Date of retirement -- Qualifications. (1) A member is qualified to receive an allowance from this system when: except as provided under Subsection, the member has a bona fide termination of employment before the member's retirement date …

49-12-402. Service retirement plans -- Calculation of retirement allowance. (1) Except as provided under Section, retirees of this system may choose from the six retirement options described in this section. 49-12-701 Options Two, Three, Four, Five, and Six are modifications of t…

49-12-403. Allowance payable by lump sum payment. (1) If a retiree's allowance, as computed under this chapter, amounts to $25 or less, the allowance may be settled by the office by making a lump-sum payment of an amount actuarially equivalent to the allowance. (2) A payment made…

49-12-404. Lump-sum death benefit for retiree and spouse. (1) Upon retirement, a retiree may elect to have the office deduct an actuarially determined amount from the retiree's allowance to provide a lump-sum benefit payable to a beneficiary upon the death of the retiree. Upon re…

49-12-405. Death of married member -- Service retirement benefits to surviving spouse. (1) Upon the request of a deceased member's surviving spouse, the deceased member is considered to have retired under Option Three on the first day of the month following the month in which the…

49-12-406. Exceptions for part-time elective or appointive service -- Computation of allowance -- Justice court judges. (1) Notwithstanding the provisions of Sectionsand, and unless otherwise provided in this section, a member's elective or appointive service rendered on a basis …

49-12-407. Annual cost-of-living adjustment. (1) The office shall make an annual cost-of-living adjustment to: an original allowance paid under Sectionor, if the allowance has been paid for at least one year; and 49-12-402 49-12-404 an original payment made to an alternate payee …

49-12-408. Minimum monthly allowance. (1) A retiree under this system may not receive less than $9 per month for each year of service credit at the time of retirement. (2) The increased allowance provided by this section may not exceed the allowance payable under Option One under…

49-12-409. Purchase of service credit -- Conditions -- Cost -- Nondiscrimination policy. (1) A member may purchase or a member and a participating employer may jointly purchase a maximum of five years of service credit which cannot otherwise be purchased under this title. At a mi…

49-12-501. Death benefit -- Eligibility for death benefit -- Benefit calculation -- Payment of claim -- Exclusion. (1) The office shall provide a death benefit for members of this system. (2) The board shall make rules to administer the death benefit provided by this section and …

49-12-601. Disability retirement -- Medical examinations -- Reemployment of retirant with a disability -- Cancellation of benefit -- Service credit -- Retirant with a disability engaging in gainful employment -- Reduction of allowance -- Refusal to submit to medical examination. …