Utah Code 49-12-405. Death of married member — Service retirement benefits to surviving spouse
Current as of: 2024 | Check for updates
|
Other versions
(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 member died if the following requirements are met:
Terms Used In Utah Code 49-12-405
- Benefits normally provided: means a benefit offered by an employer, including:(1)(a)(i) a leave benefit of any kind;(1)(a)(ii) insurance coverage of any kind if the employer pays some or all of the premium for the coverage;(1)(a)(iii) employer contributions to a health savings account, health reimbursement account, health reimbursement arrangement, or medical expense reimbursement plan; and(1)(a)(iv) a retirement benefit of any kind if the employer pays some or all of the cost of the benefit. See Utah Code 49-12-102
- 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
- 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
- Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
- Office: means the Utah State Retirement Office. 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
- 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.
- 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- 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 :
(7)(a) a period consisting of 12 full months as determined by the board;(7)(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(7)(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 49-12-102(1)(a) the member has:(1)(a)(i) 25 or more years of service credit;(1)(a)(ii) attained age 60 with 20 or more years of service credit;(1)(a)(iii) attained age 62 with 10 or more years of service credit; or(1)(a)(iv) attained age 65 with four or more years of service credit; and(1)(b) the member dies leaving a surviving spouse.(2) The surviving spouse who requests a benefit under this section shall apply in writing to the office. The allowance shall begin on the first day of the month:(2)(a) following the month in which the member died, if the application is received by the office within 90 days of the member’s death; or(2)(b) following the month in which the application is received by the office, if the application is received by the office more than 90 days after the member’s death.(3) The Option Three benefit calculation, when there are 25 or more years of service credit, shall be calculated without a reduction in allowance under Section49-12-402 .(4) The benefit calculation for a surviving spouse with a valid domestic relations order benefits on file with the office before the member’s death date in accordance with Section49-11-612 is calculated according to the manner in which the court order specified benefits to be partitioned, whether as a fixed amount or as a percentage of the benefit.(5)(5)(a) Except for a return of member contributions, benefits payable under this section are retirement benefits and shall be paid in addition to any payments made under Section49-12-501 .(5)(b) Payments made under this section and Section49-12-501 shall constitute a full and final settlement of the claim of the surviving spouse or any other beneficiary.(6) If the death benefits under this section are partitioned among more than one surviving spouse due to domestic relations order benefits on file with the office before the member’s death date in accordance with Section49-11-612 , the total amount received by the surviving spouses may not exceed the death benefits normally provided to one surviving spouse under this section.