Terms Used In Utah Code > Title 19 > Chapter 6 > Part 9 - Illegal Drug Operations Site Reporting and Decontamination Act

• Active member: means a member who:
            (1)(a)(i) is employed by a participating employer and accruing service credit; or
            (1)(a)(ii) within the previous 120 days:

                 (1)(a)(ii)(A) has been employed by a participating employer; and

                 (1)(a)(ii)(B) accrued service credit. See Utah Code 49-11-102
• Agency: means :
            (4)(a)(i) a department, division, agency, office, authority, commission, board, institution, or hospital of the state;
            (4)(a)(ii) a county, municipality, school district, special district, or special service district;
            (4)(a)(iii) a state college or university; or
            (4)(a)(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
• 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, as defined in Section 19-1-106, within the Department of Environmental Quality. See Utah Code 19-6-902
• 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
• Certified decontamination specialist: means an individual who has met the standards for certification as a decontamination specialist and has been certified by the board under Subsection 19-6-906(2). See Utah Code 19-6-902
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Compensation: includes performance-based bonuses and cost-of-living adjustments. See Utah Code 49-23-102
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• contamination: means :
       (3)(a) polluted by hazardous materials that cause property to be unfit for human habitation or use due to immediate or long-term health hazards; or
       (3)(b) that a property is polluted by hazardous materials as a result of the use, production, or presence of methamphetamine in excess of decontamination standards adopted by the Department of Health and Human Services under Section 26B-7-409. See Utah Code 19-6-902
• Contamination list: means a list maintained by the local health department of properties:
       (4)(a) reported to the local health department under Section 19-6-903; and
       (4)(b) determined by the local health department to be contaminated. See Utah Code 19-6-902
• 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
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Decontaminated: means property that at one time was contaminated, but the contaminants have been removed. See Utah Code 19-6-902
• 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
• Department: means the Department of Environmental Quality. See Utah Code 19-1-103
• Dispatcher: means the same as that term is defined in Section 53-6-102. See Utah Code 49-23-102
• Emergency medical service personnel: means an individual who:
       (4)(a) is:

            (4)(a)(i) a paramedic;

            (4)(a)(ii) an advanced emergency medical services technician; or

            (4)(a)(iii) an emergency medical services technician;
       (4)(b) is required to be licensed or certified under Section 53-2d-402; and
       (4)(c) has a primary job duty to provide emergency medical services as a first responder. See Utah Code 49-23-102
• 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
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• 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 five years of annual compensation preceding retirement subject to Subsections (5)(b), (c), (d), (e), and (f). See Utah Code 49-23-102
• Firefighter service: means employment normally requiring an average of 2,080 hours of regularly scheduled employment per year rendered by a member who is:
            (6)(a)(i) a firefighter service employee trained in firefighter techniques and assigned to a position of hazardous duty with a regularly constituted fire department;
            (6)(a)(ii) the state fire marshal appointed under Section 53-7-103 or a deputy state fire marshal;
            (6)(a)(iii) a firefighter service employee who is:

                 (6)(a)(iii)(A) hired on or after July 1, 2021;

                 (6)(a)(iii)(B) trained in firefighter techniques;

                 (6)(a)(iii)(C) assigned to a position of hazardous duty; and

                 (6)(a)(iii)(D) employed by the state as a participating employer; or
            (6)(a)(iv) an emergency medical service personnel. See Utah Code 49-23-102
• Firefighter service employee: means an employee of a participating employer who provides firefighter service under this chapter. See Utah Code 49-23-102
• Health department: means a local health department under Title 26A, Local Health Authorities. See Utah Code 19-6-902
• 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
• Initially entering: includes an employee of a participating employer, except for an employee that is not eligible under a system or plan under this title, who:
            (29)(c)(i) does not have any prior service credit on file with the office;
            (29)(c)(ii) is covered by a retirement plan other than a retirement plan created under this title; and
            (29)(c)(iii) moves to a position with a participating employer that is covered by this title. See Utah Code 49-11-102
• Intestate: Dying without leaving a will.
• Line-of-duty death: means a death resulting from:
            (8)(a)(i) external force, violence, or disease occasioned by an act of duty as a public safety service or firefighter service employee; or
            (8)(a)(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 or firefighter service employee. See Utah Code 49-23-102
• 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
• 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:
       (32)(a) the member; and
       (32)(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:
       (9)(a) Sections 49-14-201 and 49-14-202;
       (9)(b) Sections 49-15-201 and 49-15-202;
       (9)(c) Sections 49-16-201 and 49-16-202; or
       (9)(d) Sections 49-23-201 and 49-23-202. See Utah Code 49-23-102
• 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 :
       (24)(a) an individual;
       (24)(b) an association;
       (24)(c) an institution;
       (24)(d) a corporation;
       (24)(e) a company;
       (24)(f) a trust;
       (24)(g) a limited liability company;
       (24)(h) a partnership;
       (24)(i) a political subdivision;
       (24)(j) a government office, department, division, bureau, or other body of government; and
       (24)(k) any other organization or entity. See 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 Chapter 22, Part 4, Tier II Defined Contribution Plan, the New Public Safety and Firefighter Tier II Defined Contribution Plan created by Chapter 23, Part 4, Tier II Defined Contribution Plan, or the defined contribution plans created under Section 49-11-801. 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
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• 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:
            (10)(a)(i) a law enforcement officer in accordance with Section 53-13-103;
            (10)(a)(ii) a correctional officer in accordance with Section 53-13-104;
            (10)(a)(iii) a special function officer approved in accordance with Sections 49-15-201 and 53-13-105;
            (10)(a)(iv) a dispatcher who is certified in accordance with Section 53-6-303;
            (10)(a)(v) a full-time member of the Board of Pardons and Parole created under Section 77-27-2;
            (10)(a)(vi) the commissioner of the Department of Public Safety; or
            (10)(a)(vii) the executive director of the Department of Corrections. See Utah Code 49-23-102
• Public safety service employee: means an employee of a participating employer who performs public safety service under this chapter. See Utah Code 49-23-102
• real property: includes :
       (31)(a) land;
       (31)(b) a tenement;
       (31)(c) a hereditament;
       (31)(d) a water right;
       (31)(e) a possessory right; and
       (31)(f) a claim. See Utah Code 68-3-12.5
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Refund interest: means the amount accrued on member contributions at a rate adopted by the board. See Utah Code 49-11-102
• 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.
• Reported property: means property that is the subject of a law enforcement report under Section 19-6-903. See Utah Code 19-6-902
• 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 :
       (50)(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
       (50)(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
• Statute: A law passed by a legislature.
• Surviving spouse: means :
       (51)(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
       (51)(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 Safety and Firefighter Tier II Contributory Retirement System created under this chapter. See Utah Code 49-23-102
• Tier I: means a system or plan under this title for which:
       (54)(a) an employee is eligible to participate if the employee initially enters regular full-time employment before July 1, 2011; or
       (54)(b) a governor or legislator who initially enters office before July 1, 2011. See Utah Code 49-11-102
• Tier II: includes :
            (55)(b)(i) the Tier II hybrid system established under:

                 (55)(b)(i)(A) Chapter 22, Part 3, Tier II Hybrid Retirement System; or

                 (55)(b)(i)(B) Chapter 23, Part 3, Tier II Hybrid Retirement System; and
            (55)(b)(ii) the Tier II Defined Contribution Plan (Tier II DC Plan) established under:

                 (55)(b)(ii)(A) Chapter 22, Part 4, Tier II Defined Contribution Plan; or

                 (55)(b)(ii)(B) Chapter 23, Part 4, Tier II Defined Contribution Plan. 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
• Voluntary deferrals: means an amount contributed by a participant into that participant's defined contribution account. See Utah Code 49-11-102
• Volunteer firefighter: means any individual who is not regularly employed as a firefighter service employee, but who:
            (14)(a)(i) has been trained in firefighter techniques and skills;
            (14)(a)(ii) continues to receive regular firefighter training; and
            (14)(a)(iii) is on the rolls of a legally organized volunteer fire department that provides ongoing training and serves a political subdivision of the state. See Utah Code 49-23-102
• Writing: includes :
       (48)(a) printing;
       (48)(b) handwriting; and
       (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5
• Years of service credit: means :
       (15)(a) a period, consisting of 12 full months as determined by the board; or
       (15)(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. See Utah Code 49-23-102