Terms Used In Utah Code > Title 49 > Chapter 21 - Public Employees' Long-Term Disability Act

• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Board: means the Utah State Retirement Board established under Section 49-11-202. See Utah Code 49-11-102
• Contract: A legal written agreement that becomes binding when signed.
• Date of disability: means the date on which a period of total disability begins, and may not begin on or before the last day of performing full-duty work in the eligible employee's regular occupation. See Utah Code 49-21-102
• 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
• Department: means the Department of Environmental Quality. See Utah Code 19-1-103
• Division: means the Division of Waste Management and Radiation Control created in Section 19-1-105. See Utah Code 19-6-803
• 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)(D) any judge as defined under Section 49-17-102 or 49-18-102; or

                 (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
• Elimination period: means the three months at the beginning of each continuous period of total disability for which no benefit will be paid. See Utah Code 49-21-102
• 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.
• 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
• Gainful employment: means any occupation or employment position in the state that:
            (4)(a)(i) contemplates continued employment during a fiscal or calendar year; and
            (4)(a)(ii) would pay an amount equal to or greater than 40 hours per week at the legally required minimum wage, regardless of the number of hours worked. See Utah Code 49-21-102
• 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
• Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
• 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
• Maximum benefit period: means the maximum period of time the monthly disability income benefit will be paid under Section 49-21-403 for any continuous period of total disability. See Utah Code 49-21-102
• Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
• Monthly disability benefit: means the monthly payments and accrual of service credit under Section 49-21-401. See Utah Code 49-21-102
• Objective medical impairment: means an impairment resulting from an injury or illness that is diagnosed by a physician and that is based on accepted objective medical tests or findings rather than subjective complaints. See Utah Code 49-21-102
• Office: means the Utah State Retirement Office. See Utah Code 49-11-102
• Ongoing disability: means , after the elimination period and the first 24 months of disability benefits, the complete inability due to objective medical impairment, as determined under Subsection 49-21-401(9), to engage in any gainful employment which is reasonable, considering the eligible employee's education, training, and experience. See Utah Code 49-21-102
• Own occupation disability: means the complete inability, due to objective medical impairment, whether physical or mental, to engage in the eligible employee's regular occupation during the elimination period and the first 24 months of disability benefits. See Utah Code 49-21-102
• 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 a participating employer, as defined 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, and Chapter 18, Judges' Noncontributory Retirement Act, or an agency financed in whole or in part by public funds which is participating in a system or plan as of January 1, 2002. See Utah Code 49-11-102
• 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
• Physician: means a licensed physician. See Utah Code 49-21-102
• Pilot period: means the period beginning on July 1, 2023, and ending on June 30, 2026. 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
• 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
• Regular monthly salary: means the amount certified by the participating employer as the monthly salary of the eligible employee, unless there is a discrepancy between the certified amount and the amount actually paid, in which case the office shall determine the regular monthly salary. See Utah Code 49-21-102
• Regular occupation: means either:
       (13)(a) the primary duties performed by the eligible employee for the 12 months preceding the date of disability; or
       (13)(b) a permanent assignment of duty to the eligible employee, as long as the eligible employee has actually performed all the required duties of the permanent assignment of duty. See Utah Code 49-21-102
• Rehabilitative employment: means any occupation or employment for wage or profit, for which the eligible employee is reasonably qualified to perform based on education, training, or experience. See Utah Code 49-21-102
• 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.
• 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.
• 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
• 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
• 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
• Total disability: means :
       (15)(a) own occupation disability; or
       (15)(b) ongoing disability. See Utah Code 49-21-102
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5