Utah Code 49-21-408. Limitation of service credit accrual — Disability benefits from a long-term disability program other than under this chapter
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Beginning on July 1, 2014, an eligible employee who receives a monthly disability benefit from a long-term disability program other than under this chapter and who is eligible for service credit under a system or plan shall accrue service credit in that system or plan until the earlier of:
(1) the date of the eligible employee’s death;
Terms Used In Utah Code 49-21-408
- defined benefit system: means a system or plan offered under this title to provide a specified allowance to a retiree or a retiree's spouse after retirement that is based on a set formula involving one or more of the following factors:(20)(a) years of service;(20)(b) final average monthly salary; or(20)(c) a retirement multiplier. See Utah Code 49-11-102
- defined contribution plan: means any defined contribution plan or deferred compensation plan authorized under the Internal Revenue Code and administered by the board. See Utah Code 49-11-102
- Eligible employee: means any of the following employees whose employer provides coverage under this chapter:
(2)(a)(i)(2)(a)(i)(A) any regular full-time employee as defined under Section 49-12-102, 49-13-102, or 49-22-102;(2)(a)(i)(B) any public safety service employee as defined under Section 49-14-102, 49-15-102, or 49-23-102;(2)(a)(i)(C) any firefighter service employee or volunteer firefighter as defined under Section 49-23-102 who began firefighter service on or after July 1, 2011;(2)(a)(i)(E) the governor of the state;(2)(a)(ii) an employee who is exempt from participating in a retirement system under Subsection 49-12-203(4), 49-13-203(4), 49-14-203(1), or 49-15-203(1); and(2)(a)(iii) an employee who is covered by a retirement program offered by a public or private system, organization, or company designated by the Utah Board of Higher Education. See Utah Code 49-21-102- Monthly disability benefit: means the monthly payments and accrual of service credit under Section 49-21-401. See Utah Code 49-21-102
- 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
- Program: means the Public Employees' Insurance Program created under Chapter 20, Public Employees' Benefit and Insurance Program Act, or the Public Employees' Long-Term Disability program created under Chapter 21, Public Employees' Long-Term Disability Act. 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 individual retirement systems created by Chapter 12, Public Employees' Contributory Retirement Act, Chapter 13, Public Employees' Noncontributory Retirement Act, Chapter 14, Public Safety Contributory Retirement Act, Chapter 15, Public Safety Noncontributory Retirement Act, Chapter 16, Firefighters' Retirement Act, Chapter 17, Judges' Contributory Retirement Act, Chapter 18, Judges' Noncontributory Retirement Act, and Chapter 19, Utah Governors' and Legislators' Retirement Act, the defined benefit portion of the Tier II Hybrid Retirement System under Chapter 22, Part 3, Tier II Hybrid Retirement System, and the defined benefit portion of the Tier II Hybrid Retirement System under Chapter 23, Part 3, Tier II Hybrid Retirement System. See Utah Code 49-11-102
- Tier II: includes :
(55)(b)(i) the Tier II hybrid system established under:(55)(b)(i)(A) Chapter 22, Part 3, Tier II Hybrid Retirement System; or(55)(b)(i)(B) Chapter 23, Part 3, Tier II Hybrid Retirement System; and(55)(b)(ii) the Tier II Defined Contribution Plan (Tier II DC Plan) established under:(55)(b)(ii)(A) Chapter 22, Part 4, Tier II Defined Contribution Plan; or(55)(b)(ii)(B) Chapter 23, Part 4, Tier II Defined Contribution Plan. See Utah Code 49-11-102(2) the date the eligible employee retires from the system or plan; or(3) the date the eligible employee has accumulated or would have accumulated service credit in a defined benefit system or plan under this title, sufficient to be eligible to retire with an unreduced allowance, if the employee had not:(3)(a) chosen a defined contribution plan under Title 49, Chapter 22, Part 4, Tier II Defined Contribution Plan, or under Title 49, Chapter 23, Part 4, Tier II Defined Contribution Plan;(3)(b) been a volunteer firefighter; or(3)(c) been exempted from a retirement system or plan under this title.