Utah Code 49-17-102. Definitions
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As used in this chapter:
(1)
Terms Used In Utah Code 49-17-102
- Board: means the Utah State Retirement Board established under Section 49-11-202. See Utah Code 49-11-102
- Compensation: includes :(1)(b)(i) performance-based bonuses;(1)(b)(ii) cost-of-living adjustments;(1)(b)(iii) payments subject to Social Security deductions;(1)(b)(iv) any payments in excess of the maximum amount subject to deduction under Social Security law;(1)(b)(v) amounts which the member authorizes to be deducted or reduced for salary deferral or other benefits authorized by federal law; and(1)(b)(vi) member contributions. See Utah Code 49-17-102
- 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
- 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 two years of annual compensation preceding retirement, subject to Subsections (2)(a), (b), and (c). See Utah Code 49-17-102
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Judge: means a judge or justice of the courts of record as enumerated in Section 78A-1-101. See Utah Code 49-17-102
- 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
- Participant: means an individual with voluntary deferrals or nonelective contributions on deposit with the defined contribution plans administered under this title. See Utah Code 49-11-102
- Participating employer: means the state. See Utah Code 49-17-102
- Plan: means the Utah Governors' and Legislators' Retirement Plan created by Chapter 19, Utah Governors' and Legislators' Retirement Act, the New Public Employees' Tier II Defined Contribution Plan created by Chapter 22, Part 4, Tier II Defined Contribution Plan, the New Public Safety and Firefighter Tier II Defined Contribution Plan created by Chapter 23, Part 4, Tier II Defined Contribution Plan, or the defined contribution plans created under Section 49-11-801. 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
- 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 Judges' Contributory Retirement System created under this chapter. See Utah Code 49-17-102
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(1)(a) “Compensation” means the total amount of payments which are currently includable in gross income made by a participating employer to a member of this system for services rendered to the participating employer.(1)(b) “Compensation” includes:(1)(b)(i) performance-based bonuses;(1)(b)(ii) cost-of-living adjustments;(1)(b)(iii) payments subject to Social Security deductions;(1)(b)(iv) any payments in excess of the maximum amount subject to deduction under Social Security law;(1)(b)(v) amounts which the member authorizes to be deducted or reduced for salary deferral or other benefits authorized by federal law; and(1)(b)(vi) member contributions.(1)(c) “Compensation” for purposes of this chapter may not exceed the amount allowed under Internal Revenue Code Section 401(a)(17).(1)(d) “Compensation,” does not include:(1)(d)(i) the monetary value of remuneration paid in kind, such as a residence or use of equipment;(1)(d)(ii) all contributions made by a participating employer under any system or plan for the benefit of a member or participant;(1)(d)(iii) salary paid to a temporary or exempt employee;(1)(d)(iv) payments upon termination or any other special payments including early retirement inducements; or(1)(d)(v) uniform, travel, or similar payments.(2) “Final average salary” means the amount calculated by averaging the highest two years of annual compensation preceding retirement, subject to Subsections (2)(a), (b), and (c).(2)(a) Except as provided in Subsection (2)(b), 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.(2)(b) In cases where the participating employer provides acceptable documentation to the board, the limitation in Subsection (2)(a) may be exceeded if:(2)(b)(i) the member has transferred from another participating employer; or(2)(b)(ii) the member has been promoted to a new position.(2)(c) The annual compensation used to calculate final average salary shall be based on the state‘s fiscal year.(3) “Judge” means a judge or justice of the courts of record as enumerated in Section 78A-1-101.(4) “Participating employer” means the state.(5) “System” means the Judges’ Contributory Retirement System created under this chapter.(6) “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 judge was employed by a participating employer.