Utah Code 49-17-401. Eligibility for an allowance — Date of retirement — Qualifications
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(1) A member is qualified to receive an allowance when:
Terms Used In Utah Code 49-17-401
- 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
- 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.
- 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 the state. See Utah Code 49-17-102
- 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
- Retirement date: means the date selected by the member on which the member's retirement becomes effective with the office. 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 Judges' Contributory Retirement System created under this chapter. See Utah Code 49-17-102
- 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. See Utah Code 49-17-102
(1)(a) the member ceases actual work for every participating employer that employs the member before the member’s retirement date and provides evidence of the termination;(1)(b) the member has submitted to the office a retirement application form that states the member’s proposed retirement date; and(1)(c) one of the following conditions is met as of the member’s retirement date:(1)(c)(i) the member has accrued at least six years of service credit and has attained an age of 70 years;(1)(c)(ii) the member has accrued at least 10 years of service credit and has attained an age of 62 years;(1)(c)(iii) the member has accrued at least 20 years of service credit and has attained an age of 55 years; or(1)(c)(iv) the member has accrued at least 25 years of service credit.
(2)
(2)(a) The member’s retirement date:
(2)(a)(i) shall be the 1st or the 16th day of the month, as selected by the member;
(2)(a)(ii) shall be on or after the date of termination; and
(2)(a)(iii) may not be more than 90 days before or after the date the application is received by the office.
(2)(b) A member may not be employed by a participating employer in the system established by this chapter on the retirement date selected under Subsection (2)(a)(i).