Utah Code 49-14-501. Death of active member in Division A — Payment of benefits
Current as of: 2024 | Check for updates
|
Other versions
(1) If an active member of this system enrolled in Division A under Section 49-14-301 dies, benefits are payable as follows:
Terms Used In Utah Code 49-14-501
- 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
- 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
- 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
- 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
- Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
- 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 three years of annual compensation preceding retirement subject to Subsections (3)(b), (c), and (d). See Utah Code 49-14-102
- Line-of-duty death: means a death resulting from:
(4)(a)(i) external force, violence, or disease occasioned by an act of duty as a public safety service employee; or(4)(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 employee. See Utah Code 49-14-102- 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
- Office: means the Utah State Retirement Office. See Utah Code 49-11-102
- 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:
(6)(a)(i) a law enforcement officer in accordance with Section 53-13-103;(6)(a)(ii) a correctional officer in accordance with Section 53-13-104;(6)(a)(iii) a special function officer approved in accordance with Sections 49-14-201 and 53-13-105;(6)(a)(iv) a dispatcher who is certified in accordance with Section 53-6-303;(6)(a)(v) a full-time member of the Board of Pardons and Parole created under Section 77-27-2;(6)(a)(vi) the commissioner of the Department of Public Safety; or(6)(a)(vii) the executive director of the Department of Corrections. See Utah Code 49-14-102- 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- 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 Public Safety Contributory Retirement System created under this chapter. See Utah Code 49-14-102
- 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(1)(a) If the death is classified by the office as a line-of-duty death, the surviving spouse shall receive:(1)(a)(i) a lump sum equal to six months of the active member‘s final average salary; and(1)(a)(ii)(1)(a)(ii)(A) an allowance equal to 30% of the deceased member’s final average monthly salary; or(1)(a)(ii)(B) if the member has accrued 20 or more years of public safety service credit, the death benefit payable to a surviving spouse under Section 49-14-504.(1)(b) If the death is not classified by the office as a line-of-duty death, benefits are payable as follows:(1)(b)(i) If the member has accrued less than 10 years of public safety service credit, the surviving spouse shall receive the sum of $1,000 or a refund of the member’s member contributions, whichever is greater.(1)(b)(ii) If the member has accrued 10 or more years of public safety service credit but less than 20 years of public safety service credit at the time of death, the surviving spouse shall receive the sum of $500, plus an allowance equal to 2% of the member’s final average monthly salary for each year of service credit accrued by the member up to a maximum of 30% of the member’s final average monthly salary.(1)(b)(iii) If the member has accrued 20 or more years of public safety service credit:(1)(b)(iii)(A) the member shall be considered to have retired with an allowance calculated under Section 49-14-402; and(1)(b)(iii)(B) the surviving spouse shall receive the death benefit payable to a surviving spouse under Section 49-14-504.(2) Except as provided under Subsection (1)(b)(i), benefits are not payable to minor children of members covered under Division A.(3) If a benefit is not distributed under this section, and the member has designated a beneficiary, the member’s member contributions shall be paid to the beneficiary.(4)(4)(a) A surviving spouse who requests a benefit under this section shall apply in writing to the office.(4)(b) The allowance shall begin on the first day of the month following the month in which the:(4)(b)(i) member died, if the application is received by the office within 90 days of the member’s death; or(4)(b)(ii) application is received by the office, if the application is received by the office more than 90 days after the member’s death.