Utah Code 49-17-501. Death benefit for members before retirement — Computation
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(1) Upon the receipt of acceptable proof of death of a member before the member’s retirement date, the member’s surviving spouse shall have the choice of the following death benefits:
Terms Used In Utah Code 49-17-501
- 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
- Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
- 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
- Refund interest: means the amount accrued on member contributions at a rate adopted by the board. 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
- 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(1)(a) a refund of the member’s member contributions, including refund interest, plus 65% of the member’s most recent 12 months’ compensation prior to death; or(1)(b) an allowance equal to 65% of the allowance computed in accordance with Section 49-17-402, but disregarding early retirement reductions.(2) If there is no surviving spouse, member contributions, including refund interest, shall be refunded to a beneficiary, in accordance with Sections 49-11-609 and 49-11-610.(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.