Terms Used In Utah Code > Title 49 > Chapter 18 - Judges' Noncontributory Retirement Act

• Actuarial equivalent: means a benefit of equal value when computed upon the basis of mortality tables as recommended by the actuary and adopted by the executive director, including regular interest. See Utah Code 49-11-102
• 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
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Beneficial use: includes the use of chipped tires:
            (2)(b)(i) as daily landfill cover;
            (2)(b)(ii) for civil engineering purposes;
            (2)(b)(iii) as low-density, light-weight aggregate fill; or
            (2)(b)(iv) for septic or drain field construction. See Utah Code 19-6-803
• Board: means the Utah State Retirement Board established under Section 49-11-202. See Utah Code 49-11-102
• Board: means the Waste Management and Radiation Control Board created under Section 19-1-106. See Utah Code 19-6-803
• Commission: means the Utah State Tax Commission. See Utah Code 19-6-803
• 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; and
            (1)(b)(v) amounts which the member authorizes to be deducted or reduced for salary deferral or other benefits authorized by federal law. See Utah Code 49-18-102
• 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
• Crumb rubber: means waste tires that have been ground, shredded, or otherwise reduced in size such that the particles are less than or equal to 3/4 inch in diameter and are 98% wire free by weight. See Utah Code 19-6-803
• Department: means the Department of Environmental Quality. See Utah Code 19-1-103
• Director: means the director of the Division of Waste Management and Radiation Control. See Utah Code 19-6-803
• Disposal: means the deposit, dumping, or permanent placement of waste tire in or on land or in water in the state. See Utah Code 19-6-803
• Division: means the Division of Waste Management and Radiation Control created in Section 19-1-105. See Utah Code 19-6-803
• 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
• 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 two years of annual compensation preceding retirement, subject to Subsections (2)(a), (b), and (c). See Utah Code 49-18-102
• 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 the Waste Tire Recycling Fund created in Section 19-6-807. See Utah Code 19-6-803
• 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
• Highway: includes :
       (15)(a) a public bridge;
       (15)(b) a county way;
       (15)(c) a county road;
       (15)(d) a common road; and
       (15)(e) a state road. See Utah Code 68-3-12.5
• Judge: means a judge or justice of the courts of record as enumerated in Section 78A-1-101. See Utah Code 49-18-102
• 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
• Local health department: means the local health department, as defined in Section 26A-1-102, with jurisdiction over the recycler. See Utah Code 19-6-803
• Materials derived from waste tires: means tire sections, tire chips, tire shreddings, rubber, steel, fabric, or other similar materials derived from waste tires. See Utah Code 19-6-803
• 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
• Mobile facility: means a mobile facility capable of cutting waste tires on site so the waste tires may be effectively disposed of by burial, such as in a landfill. See Utah Code 19-6-803
• 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
• 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 49-18-102
• 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
• 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
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Recycler: means a person who:
       (20)(a) annually uses, or can reasonably be expected within the next year to use, a minimum of 100,000 waste tires generated in the state or 1,000 tons of waste tires generated in the state to recover energy or produce energy, crumb rubber, chipped tires, or an ultimate product; and
       (20)(b) is registered as a recycler in accordance with Section 19-6-806. See Utah Code 19-6-803
• Recycling fee: means the fee provided for in Section 19-6-805. See Utah Code 19-6-803
• 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 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
• 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
• Storage: means the placement of waste tires in a manner that does not constitute disposal of the waste tires. See Utah Code 19-6-803
• Store: means to place waste tires in a manner that does not constitute disposal of the waste tires. See Utah Code 19-6-803
• 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 Judges' Noncontributory Retirement System created under this chapter. See Utah Code 49-18-102
• Tire: means a pneumatic rubber covering designed to encircle the wheel of a vehicle in which a person or property is or may be transported or drawn upon a highway. See Utah Code 19-6-803
• Tire retailer: means a person engaged in the business of selling new tires either as replacement tires or as part of a new vehicle sale. See Utah Code 19-6-803
• Ultimate product: includes pyrolized materials derived from:
            (28)(b)(i) waste tires; or
            (28)(b)(ii) chipped tires. See Utah Code 19-6-803
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Waste tire: means :
       (29)(a) a tire that is no longer suitable for the tire's original intended purpose because of wear, damage, or defect; or
       (29)(b) a tire that a tire retailer removes from a vehicle for replacement with a new or used tire. See Utah Code 19-6-803
• Waste tire pile: means a pile of 200 or more waste tires at one location. See Utah Code 19-6-803
• 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 the number of periods, each to consist of 12 full months or as determined by the board, whether consecutive or not, during which a judge was employed by a participating employer. See Utah Code 49-18-102