Utah Code 49-16-601.5. Line-of-duty disability benefit — Benefits — Monthly allowance
Current as of: 2024 | Check for updates
|
Other versions
(1) An active member of this system with a disability incurred in the line-of-duty may apply to the office for a disability retirement benefit under this section.
Terms Used In Utah Code 49-16-601.5
- 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
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Final average salary: means the amount calculated by averaging the highest three years of annual compensation preceding retirement subject to Subsections (4)(b), (c), and (d). See Utah Code 49-16-102
- Firefighter service: means employment normally requiring an average of 2,080 hours of regularly scheduled employment per year rendered by a member who is:
(5)(a)(i) a firefighter service employee trained in firefighter techniques and assigned to a position of hazardous duty with a regularly constituted fire department;(5)(a)(ii) the state fire marshal appointed under Section 53-7-103 or a deputy state fire marshal; or(5)(a)(iii) an emergency medical service personnel. See Utah Code 49-16-102- 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
(2) If the condition is classified by the office as a line-of-duty disability, the member shall be granted a disability retirement benefit subject to Section 49-16-602.(3) A paid firefighter who has five years of firefighter service credit is eligible for a line-of-duty disability benefit resulting from heart disease, lung disease, or a respiratory tract condition.(4) A paid firefighter who receives a service connected disability benefit for more than six months due to violence or illness other than heart disease, lung disease, or respiratory tract condition, and then returns to paid firefighter service, may not be eligible for a line-of-duty disability benefit due to heart disease, lung disease, or respiratory tract condition for two years after the firefighter returned to work unless clear and convincing evidence is presented that the heart disease, lung disease, or respiratory tract condition was directly a result of firefighter service.(5) The monthly disability retirement benefit is 50% of the member’s final average salary.