Utah Code 49-15-503. Benefits payable upon death of inactive member
Current as of: 2024 | Check for updates
|
Other versions
(1) If an inactive member who has less than 20 years of public safety service credit dies, the surviving spouse, or, if there is no surviving spouse, the member‘s minor children shall receive a refund of the member’s member contributions or $500, whichever is greater.
Terms Used In Utah Code 49-15-503
- 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
- 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
- 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
- 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
- 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 49-15-201 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 49-15-102
- 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- 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 the number of periods, each to consist of 12 full months as determined by the board, whether consecutive or not, during which a public safety service employee was employed by a participating employer, including time the public safety service employee was absent in the service of the United States government on military duty. See Utah Code 49-15-102
(2)(2)(a) If an inactive member with 20 or more years of public safety service credit dies, the surviving spouse shall receive an allowance in an amount of 50% of the amount the member would have received had retirement occurred on the first of the month following the month in which the death occurred.(2)(b) This allowance shall be based on years of service credit and final average monthly salary under Section 49-15-402, reduced actuarially from age 50 to the age of the member at the time of death if the member is under 50 years of age at the time of death.(3)(3)(a) A surviving spouse who requests a benefit under this section shall apply in writing to the office.(3)(b) The allowance shall begin on the first day of the month:(3)(b)(i) 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(3)(b)(ii) 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.