Utah Code 49-13-102. Definitions
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As used in this chapter:
(1) “Benefits normally provided” means the same as that term is defined in Section 49-12-102.
Terms Used In Utah Code 49-13-102
- 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
- Benefits normally provided: means the same as that term is defined in Section 49-12-102. See Utah Code 49-13-102
- 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:
(2)(a)(i) bonuses;(2)(a)(ii) cost-of-living adjustments;(2)(a)(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; and(2)(a)(iv) amounts that the member authorizes to be deducted or reduced for salary deferral or other benefits authorized by federal law. See Utah Code 49-13-102- Contract: A legal written agreement that becomes binding when signed.
- 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:
(22)(a) the State Board of Education and its instrumentalities;(22)(b) any institution of higher education and its branches;(22)(c) any school district and its instrumentalities;(22)(d) any vocational and technical school; and(22)(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
- Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
- Exempt employee: means an employee working for a participating employer:
(25)(a) who is not eligible for service credit under Section 49-12-203, 49-13-203, 49-14-203, 49-15-203, or 49-16-203; and(25)(b) for whom a participating employer is not required to pay contributions or nonelective contributions. See Utah Code 49-11-102- Final average salary: means the amount calculated by averaging the highest three years of annual compensation preceding retirement subject to Subsections (3)(b), (c), (d), and (e). See Utah Code 49-13-102
- 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
- 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
- Participating employer: means an employer that meets the participation requirements of Sections 49-13-201 and 49-13-202. See Utah Code 49-13-102
- 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- Regular full-time employee: includes :
(5)(b)(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;(5)(b)(ii) a classified school employee:(5)(b)(ii)(A) who is hired before July 1, 2013; and(5)(b)(ii)(B) whose employment normally requires an average of 20 hours per week or more for a participating employer, regardless of benefits provided;(5)(b)(iii) an officer, elective or appointive, who earns $500 or more per month, indexed as of January 1, 1990, as provided in Section 49-13-407;(5)(b)(iv) a faculty member or employee of an institution of higher education who is considered full time by that institution of higher education; and(5)(b)(v) an individual who otherwise meets the definition of this Subsection (5) who performs services for a participating employer through a professional employer organization or similar arrangement. See Utah Code 49-13-102- 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- 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 Public Employees' Noncontributory Retirement System. See Utah Code 49-13-102
- 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 :
(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 49-13-102(2)(2)(a) “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:(2)(a)(i) bonuses;(2)(a)(ii) cost-of-living adjustments;(2)(a)(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; and(2)(a)(iv) amounts that the member authorizes to be deducted or reduced for salary deferral or other benefits authorized by federal law.(2)(b) “Compensation” for purposes of this chapter may not exceed the amount allowed under Internal Revenue Code, Section 401(a)(17).(2)(c) “Compensation” does not include:(2)(c)(i) the monetary value of remuneration paid in kind, including a residence or use of equipment;(2)(c)(ii) the cost of any employment benefits paid for by the participating employer;(2)(c)(iii) compensation paid to a temporary employee, an exempt employee, or an employee otherwise ineligible for service credit;(2)(c)(iv) any payments upon termination, including accumulated vacation, sick leave payments, severance payments, compensatory time payments, or any other special payments;(2)(c)(v) any allowances or payments to a member for costs or expenses paid by the participating employer, including automobile costs, uniform costs, travel costs, tuition costs, housing costs, insurance costs, equipment costs, and dependent care costs; or(2)(c)(vi) a teacher salary bonus described in Section 53F-2-513.(2)(d) The executive director may determine if a payment not listed under this Subsection (2) falls within the definition of compensation.(3)(3)(a) “Final average salary” means the amount calculated by averaging the highest three years of annual compensation preceding retirement subject to Subsections (3)(b), (c), (d), and (e).(3)(b) Except as provided in Subsection (3)(c), the percentage increase in annual compensation in any one of the years used may not exceed the previous year’s compensation by more than 10% plus a cost-of-living adjustment equal to the decrease in the purchasing power of the dollar during the previous year, as measured by a United States Bureau of Labor Statistics Consumer Price Index average as determined by the board.(3)(c) In cases where the participating employer provides acceptable documentation to the office, the limitation in Subsection (3)(b) may be exceeded if:(3)(c)(i) the member has transferred from another agency; or(3)(c)(ii) the member has been promoted to a new position.(3)(d) If the member retires more than six months from the date of termination of employment and for purposes of computing the member’s final average salary only, the member is considered to have been in service at the member’s last rate of pay from the date of the termination of employment to the effective date of retirement.(3)(e) The annual compensation used to calculate final average salary shall be based on a period, as determined by the board, consistent with the period used to determine years of service credit in accordance with Subsection (7).(4) “Participating employer” means an employer that meets the participation requirements of Sections 49-13-201 and 49-13-202.(5)(5)(a) “Regular full-time employee” means an employee:(5)(a)(i) whose term of employment for a participating employer contemplates continued employment during a fiscal or calendar year;(5)(a)(ii) whose employment normally requires an average of 20 hours or more per week, except as modified by the board; and(5)(a)(iii) who receives benefits normally provided by the participating employer.(5)(b) “Regular full-time employee” includes:(5)(b)(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;(5)(b)(ii) a classified school employee:(5)(b)(ii)(A) who is hired before July 1, 2013; and(5)(b)(ii)(B) whose employment normally requires an average of 20 hours per week or more for a participating employer, regardless of benefits provided;(5)(b)(iii) an officer, elective or appointive, who earns $500 or more per month, indexed as of January 1, 1990, as provided in Section 49-13-407;(5)(b)(iv) a faculty member or employee of an institution of higher education who is considered full time by that institution of higher education; and(5)(b)(v) an individual who otherwise meets the definition of this Subsection (5) who performs services for a participating employer through a professional employer organization or similar arrangement.(5)(c) “Regular full-time employee” does not include a classified school employee:(5)(c)(i)(5)(c)(i)(A) who is hired on or after July 1, 2013; and(5)(c)(i)(B) who does not receive benefits normally provided by the participating employer even if the employment normally requires an average of 20 hours per week or more for a participating employer;(5)(c)(ii)(5)(c)(ii)(A) who is hired before July 1, 2013;(5)(c)(ii)(B) who did not qualify as a regular full-time employee before July 1, 2013;(5)(c)(ii)(C) who does not receive benefits normally provided by the participating employer; and(5)(c)(ii)(D) whose employment hours are increased on or after July 1, 2013, to require an average of 20 hours per week or more for a participating employer; or(5)(c)(iii) who is a person working on a contract:(5)(c)(iii)(A) for the purposes of vocational rehabilitation and the employment and training of people with significant disabilities; and(5)(c)(iii)(B) that has been set aside from procurement requirements by the state pursuant to Section 63G-6a-805 or the federal government pursuant to 41 U.S.C. § 8501 et seq.(6) “System” means the Public Employees’ Noncontributory Retirement System.(7) “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.