Terms Used In Utah Code > Title 49 > Chapter 13 - Public Employees' Noncontributory Retirement Act

• Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
• Advanced recycling: means a manufacturing process that converts post-use polymers or recovered feedstock into basic raw materials, chemicals, or advanced recycling products using technology including:
            (1)(a)(i) pyrolysis;
            (1)(a)(ii) gasification;
            (1)(a)(iii) depolymerization;
            (1)(a)(iv) catalytic cracking;
            (1)(a)(v) reforming;
            (1)(a)(vi) hydrogenation;
            (1)(a)(vii) solvolysis; or
            (1)(a)(viii) chemolysis. See Utah Code 19-6-502
• Agency: means :
            (4)(a)(i) a department, division, agency, office, authority, commission, board, institution, or hospital of the state;
            (4)(a)(ii) a county, municipality, school district, special district, or special service district;
            (4)(a)(iii) a state college or university; or
            (4)(a)(iv) any other participating employer. See Utah Code 49-11-102
• Alternate payee: means a member's former spouse or family member eligible to receive payments under a Domestic Relations Order in compliance with Section 49-11-612. See Utah Code 49-11-102
• Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
• Annuity: means monthly payments derived from member contributions. See Utah Code 49-11-102
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• At-will employee: means a person who is employed by a participating employer and:
            (10)(a)(i) who is not entitled to merit or civil service protection and is generally considered exempt from a participating employer's merit or career service personnel systems;
            (10)(a)(ii) whose on-going employment status is entirely at the discretion of the person's employer; or
            (10)(a)(iii) who may be terminated without cause by a designated supervisor, manager, or director. See Utah Code 49-11-102
• Beneficiary: means any person entitled to receive a payment under this title through a relationship with or designated by a member, participant, covered individual, or alternate payee of a defined contribution plan. See Utah Code 49-11-102
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Benefits normally provided: means the same as that term is defined in Section 49-12-102. See Utah Code 49-13-102
• Board: means the Utah State Retirement Board established under Section 49-11-202. See Utah Code 49-11-102
• Board member: means a person serving on the Utah State Retirement Board as established under Section 49-11-202. See Utah Code 49-11-102
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Compensation: means the total amount of payments made by a participating employer to a member of this system for services rendered to the participating employer, including:
            (2)(a)(i) bonuses;
            (2)(a)(ii) cost-of-living adjustments;
            (2)(a)(iii) other payments currently includable in gross income and that are subject to social security deductions, including any payments in excess of the maximum amount subject to deduction under social security law; and
            (2)(a)(iv) amounts that the member authorizes to be deducted or reduced for salary deferral or other benefits authorized by federal law. See Utah Code 49-13-102
• Contract: A legal written agreement that becomes binding when signed.
• 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
• 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
• Department: means the Department of Environmental Quality. See Utah Code 19-1-103
• Dependent: A person dependent for support upon another.
• Educational institution: means a political subdivision or instrumentality of the state or a combination thereof primarily engaged in educational activities or the administration or servicing of educational activities, including:
       (22)(a) the State Board of Education and its instrumentalities;
       (22)(b) any institution of higher education and its branches;
       (22)(c) any school district and its instrumentalities;
       (22)(d) any vocational and technical school; and
       (22)(e) any entity arising out of a consolidation agreement between entities described under this Subsection (22). 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
• 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.
• 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
• Fiduciary: A trustee, executor, or administrator.
• Final average monthly salary: means the amount computed by dividing the compensation received during the final average salary period under each system by the number of months in the final average salary period. See Utah Code 49-11-102
• Final average salary: means the amount calculated by averaging the highest three years of annual compensation preceding retirement subject to Subsections (3)(b), (c), (d), and (e). See Utah Code 49-13-102
• 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.
• Fund: means any fund created under this title for the purpose of paying benefits or costs of administering a system, plan, or program. See Utah Code 49-11-102
• Governing body: means the governing board, commission, or council of a public entity. See Utah Code 19-6-502
• Inactive member: means a member who has not been employed by a participating employer for a period of at least 120 days. See Utah Code 49-11-102
• Initially entering: includes an employee of a participating employer, except for an employee that is not eligible under a system or plan under this title, who:
            (29)(c)(i) does not have any prior service credit on file with the office;
            (29)(c)(ii) is covered by a retirement plan other than a retirement plan created under this title; and
            (29)(c)(iii) moves to a position with a participating employer that is covered by this title. See Utah Code 49-11-102
• Institution of higher education: means an institution described in Section 53B-1-102. See Utah Code 49-11-102
• Intestate: Dying without leaving a will.
• Jurisdiction: means the area within the incorporated limits of:
       (7)(a) a municipality;
       (7)(b) a special service district;
       (7)(c) a municipal-type service district;
       (7)(d) a service area; or
       (7)(e) the territorial area of a county not lying within a municipality. See Utah Code 19-6-502
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Land: includes :
       (18)(a) land;
       (18)(b) a tenement;
       (18)(c) a hereditament;
       (18)(d) a water right;
       (18)(e) a possessory right; and
       (18)(f) a claim. See Utah Code 68-3-12.5
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Long-term agreement: means an agreement or contract having a term of more than five years but less than 50 years. See Utah Code 19-6-502
• 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
• Municipal residential waste: means solid waste that is:
       (10)(a) discarded or rejected at a residence within the public entity's jurisdiction; and
       (10)(b) collected at or near the residence by:

            (10)(b)(i) a public entity; or

            (10)(b)(ii) a person with whom the public entity has as an agreement to provide solid waste management. See Utah Code 19-6-502
• Nonelective contribution: means an amount contributed by a participating employer into a participant's defined contribution account. See Utah Code 49-11-102
• Office: means the Utah State Retirement Office. See Utah Code 49-11-102
• Participating employer: means an employer that meets the participation requirements of Sections 49-13-201 and 49-13-202. See Utah Code 49-13-102
• Person: means an individual, trust, firm, estate, company, corporation, partnership, association, state, state or federal agency or entity, municipality, commission, or political subdivision of a state. See Utah Code 19-1-103
• Person: means :
       (24)(a) an individual;
       (24)(b) an association;
       (24)(c) an institution;
       (24)(d) a corporation;
       (24)(e) a company;
       (24)(f) a trust;
       (24)(g) a limited liability company;
       (24)(h) a partnership;
       (24)(i) a political subdivision;
       (24)(j) a government office, department, division, bureau, or other body of government; and
       (24)(k) any other organization or entity. See Utah Code 68-3-12.5
• 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
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• 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
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Public entity: means :
       (13)(a) a county;
       (13)(b) a municipality;
       (13)(c) a special service district under Title 17D, Chapter 1, Special Service District Act;
       (13)(d) a service area under Title 17B, Chapter 2a, Part 9, Service Area Act; or
       (13)(e) a municipal-type service district created under Title 17, Chapter 34, Municipal-Type Services to Unincorporated Areas. See Utah Code 19-6-502
• Recovered feedstock: means a material:
            (15)(a)(i) that includes post-use polymers;
            (15)(a)(ii) for which the United States Environmental Protection Agency made a non-waste determination or has otherwise determined is feedstock and solid waste; or
            (15)(a)(iii) that is converted using an advanced recycling process after storage of less than 270 days. See Utah Code 19-6-502
• Regular full-time employee: includes :
            (5)(b)(i) a teacher whose term of employment for a participating employer contemplates continued employment during a school year and who teaches half time or more;
            (5)(b)(ii) a classified school employee:

                 (5)(b)(ii)(A) who is hired before July 1, 2013; and

                 (5)(b)(ii)(B) whose employment normally requires an average of 20 hours per week or more for a participating employer, regardless of benefits provided;
            (5)(b)(iii) an officer, elective or appointive, who earns $500 or more per month, indexed as of January 1, 1990, as provided in Section 49-13-407;
            (5)(b)(iv) a faculty member or employee of an institution of higher education who is considered full time by that institution of higher education; and
            (5)(b)(v) an individual who otherwise meets the definition of this Subsection (5) who performs services for a participating employer through a professional employer organization or similar arrangement. See Utah Code 49-13-102
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Requirement: means an ordinance, policy, rule, mandate, or other directive that imposes a legal duty on a person. See Utah Code 19-6-502
• Retiree: means an individual who has qualified for an allowance under this title. 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
• retirement allowance: means the pension plus the annuity, including any cost of living or other authorized adjustments to the pension and annuity. 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
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Solid waste: means a putrescible or nonputrescible material or substance discarded or rejected as being spent, useless, worthless, or in excess of the owner's needs at the time of discard or rejection, including:
            (21)(a)(i) garbage;
            (21)(a)(ii) refuse;
            (21)(a)(iii) industrial and commercial waste;
            (21)(a)(iv) sludge from an air or water control facility;
            (21)(a)(v) rubbish;
            (21)(a)(vi) ash;
            (21)(a)(vii) contained gaseous material;
            (21)(a)(viii) incinerator residue;
            (21)(a)(ix) demolition and construction debris;
            (21)(a)(x) a discarded automobile; and
            (21)(a)(xi) offal. See Utah Code 19-6-502
• Solid waste management: means the purposeful and systematic collection, transportation, storage, processing, recovery, or disposal of solid waste. See Utah Code 19-6-502
• Solid waste management facility: means a facility employed for solid waste management, including:
            (23)(a)(i) a transfer station;
            (23)(a)(ii) a transport system;
            (23)(a)(iii) a baling facility;
            (23)(a)(iv) a landfill; and
            (23)(a)(v) a processing system, including:

                 (23)(a)(v)(A) a resource recovery facility;

                 (23)(a)(v)(B) a facility for reducing solid waste volume;

                 (23)(a)(v)(C) a plant or facility for compacting, or composting, of solid waste;

                 (23)(a)(v)(D) an incinerator;

                 (23)(a)(v)(E) a solid waste disposal, reduction, pyrolization, or conversion facility;

                 (23)(a)(v)(F) a facility for resource recovery of energy consisting of:

                      (23)(a)(v)(F)(I) a facility for the production, transmission, distribution, and sale of heat and steam;

                      (23)(a)(v)(F)(II) a facility for the generation and sale of electric energy to a public utility, municipality, or other public entity that owns and operates an electric power system on March 15, 1982; and

                      (23)(a)(v)(F)(III) a facility for the generation, sale, and transmission of electric energy on an emergency basis only to a military installation of the United States; and

                 (23)(a)(v)(G) an auxiliary energy facility that is connected to a facility for resource recovery of energy as described in Subsection (23)(a)(v)(F), that:

                      (23)(a)(v)(G)(I) is fueled by natural gas, landfill gas, or both;

                      (23)(a)(v)(G)(II) consists of a facility for the production, transmission, distribution, and sale of supplemental heat and steam to meet all or a portion of the heat and steam requirements of a military installation of the United States; and

                      (23)(a)(v)(G)(III) consists of a facility for the generation, transmission, distribution, and sale of electric energy to a public utility, a municipality described in Subsection (23)(a)(v)(F)(II), or a political subdivision created under Title 11, Chapter 13, Interlocal Cooperation Act. See Utah Code 19-6-502
• 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
• 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
• System: means the Public Employees' Noncontributory Retirement System. See Utah Code 49-13-102
• Technical college: means the same as that term is defined in Section Utah Code 49-11-102
• Tier I: means a system or plan under this title for which:
       (54)(a) an employee is eligible to participate if the employee initially enters regular full-time employment before July 1, 2011; or
       (54)(b) a governor or legislator who initially enters office before July 1, 2011. See Utah Code 49-11-102
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Utah Board of Higher Education: means the Utah Board of Higher Education described in Section 53B-1-402. See Utah Code 49-11-102
• Voluntary deferrals: means an amount contributed by a participant into that participant's defined contribution account. 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
• Years of service credit: means :
       (7)(a) a period consisting of 12 full months as determined by the board;
       (7)(b) a period determined by the board, whether consecutive or not, during which a regular full-time employee performed services for a participating employer, including any time the regular full-time employee was absent on a paid leave of absence granted by a participating employer or was absent in the service of the United States government on military duty as provided by this chapter; or
       (7)(c) the regular school year consisting of not less than eight months of full-time service for a regular full-time employee of an educational institution. See Utah Code 49-13-102