Terms Used In Utah Code > Title 49 > Chapter 22 - New Public Employees' Tier II Contributory Retirement Act

• Active member: means a member who:
            (1)(a)(i) is employed by a participating employer and accruing service credit; or
            (1)(a)(ii) within the previous 120 days:

                 (1)(a)(ii)(A) has been employed by a participating employer; and

                 (1)(a)(ii)(B) accrued service credit. See Utah Code 49-11-102
• Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
• 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
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Amortization: Paying off a loan by regular installments.
• Amortization rate: means the board certified percent of salary required to amortize the unfunded actuarial accrued liability in accordance with policies established by the board upon the advice of the actuary. 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
• Appointive officer: means an employee appointed to a position for a definite and fixed term of office by official and duly recorded action of a participating employer whose appointed position is designated in the participating employer's charter, creation document, or similar document, and:
       (9)(a) who earns $500 or more per month, indexed as of January 1, 1990, as provided in Section 49-12-407 for a Tier I appointive officer; and
       (9)(b) whose appointive position is full-time as certified by the participating employer for a Tier II appointive officer. 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.
• 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
• 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
• 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 49-22-102
• Board: means the Waste Management and Radiation Control Board created under Section 19-1-106. 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 member: means a person serving on the Utah State Retirement Board as established under Section 49-11-202. See Utah Code 49-11-102
• Certified contribution rate: means the board certified percent of salary paid on behalf of an active member to the office to maintain the system on a financially and actuarially sound basis. 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
• Commission: means the Utah State Tax Commission. See Utah Code 19-6-803
• 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;
            (2)(a)(iv) amounts that the member authorizes to be deducted or reduced for salary deferral or other benefits authorized by federal law; and
            (2)(a)(v) member contributions. See Utah Code 49-22-102
• 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
• Conviction: A judgement of guilt against a criminal defendant.
• 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.
• 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
• 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
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• 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.
• Final average salary: means the amount calculated by averaging the highest five years of annual compensation preceding retirement subject to Subsections (4)(b), (c), (d), (e), and (f). See Utah Code 49-22-102
• 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
• 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: (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.
• 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
• 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
• 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
• 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 an employer that meets the participation requirements of:
       (5)(a) Sections 49-12-201 and 49-12-202;
       (5)(b) Sections 49-13-201 and 49-13-202;
       (5)(c) Section 49-19-201; or
       (5)(d) Section 49-22-201 or 49-22-202. See Utah Code 49-22-102
• 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
• 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
• 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
• 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
• Refund interest: means the amount accrued on member contributions at a rate adopted by the board. See Utah Code 49-11-102
• Regular full-time employee: includes :
            (6)(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;
            (6)(b)(ii) a classified school employee:

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

                 (6)(b)(ii)(B) whose employment normally requires an average of 20 hours per week or more for a participating employer, regardless of benefits provided;
            (6)(b)(iii) an appointive officer whose appointed position is full time as certified by the participating employer;
            (6)(b)(iv) the governor, the lieutenant governor, the state auditor, the state treasurer, the attorney general, and a state legislator;
            (6)(b)(v) an elected official not included under Subsection (6)(b)(iv) whose elected position is full time as certified by the participating employer;
            (6)(b)(vi) a faculty member or employee of an institution of higher education who is considered full time by that institution of higher education; and
            (6)(b)(vii) an individual who otherwise meets the definition of this Subsection (6) who performs services for a participating employer through a professional employer organization or similar arrangement. See Utah Code 49-22-102
• 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
• Statute: A law passed by a legislature.
• 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 New Public Employees' Tier II Contributory Retirement System created under this chapter. See Utah Code 49-22-102
• 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
• 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
• 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
• 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 transporter: includes a person engaged in the business of collecting, hauling, or transporting waste tires or who performs these functions for another person, except as provided in Subsection (31)(c). 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 :
       (8)(a) a period consisting of 12 full months as determined by the board;
       (8)(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
       (8)(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 49-22-102