Utah Code 49-16-601. Disability benefit — Nonline-of-duty disability — Benefits — Monthly allowance
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(1) An active member of this system with a disability that was not incurred in the line-of-duty may apply to the office for a disability retirement benefit subject to the following provisions:
Terms Used In Utah Code 49-16-601
- 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
- Disability: means the complete inability, due to objective medical impairment, whether physical or mental, to perform firefighter service. See Utah Code 49-16-102
- 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
- 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
- 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- System: means the Firefighters' Retirement System created under this chapter. See Utah Code 49-16-102
- Years of service credit: means the number of periods, each to consist of 12 full months as determined by the board, whether consecutive or not, during which a firefighter service employee was employed by a participating employer or received full-time pay while on sick leave, including any time the firefighter service employee was absent in the service of the United States on military duty. See Utah Code 49-16-102
(1)(a) if the member has less than five years of service credit in this system, disability benefits are not payable; and(1)(b) if the condition is classified by the office as a nonline-of-duty disability and if the member has five or more years of service credit in this system, the member shall be granted a disability retirement benefit subject to Section 49-16-602.(2) The monthly disability retirement benefit is 50% of the member’s final average monthly salary.