Utah Code § 49-11-1202

Current through the 2024 Fourth Special Session

Section 49-11-1202 - [Effective 7/1/2025] Definitions

As used in this part:

(1)

(a) "Affiliated emergency services worker" means an individual who:

(i) is employed by a participating employer;

(ii) performs emergency services for another participating employer that is a different agency;

(iii) is trained in techniques and skills required for the emergency service;

(iv) continues to receive regular training required for the service;

(v) is on the rolls as a trained affiliated emergency services worker of the participating employer; and

(vi) provides ongoing service for a participating employer, which service may include service as a volunteer firefighter, reserve law enforcement officer, search and rescue worker, emergency medical technician, ambulance worker, park ranger, or public utilities worker.

(b) "Affiliated emergency services worker" does not include an individual who performs work or service but does not meet the requirements of Subsection (1)(a).

(2) "Amortization rate" means the amortization rate, as defined in Section 49-11-102, to be applied to the system that would have covered the retiree if the retiree's reemployed position were deemed to be an eligible, full-time position within that system.

(3) "Bona fide termination of employment" means:

(a) permanent separation from employment or a fee-for-service relationship with any participating employer; and

(b) separation from employment without a prearrangement that anticipates postretirement reemployment or a postretirement fee-for-service relationship with a participating employer.

(4) "Normal cost rate" means the normal cost rate, as defined in Section 49-11-102. to be applied to the system that would have covered the retiree if the retiree's reemployed position were deemed to be an eligible, full-time position within that system.

(5) "Part-time appointed or elected board member" means an individual who:

(a) serves in a position:

(i) as a member of a board, commission, council, committee, panel, or other body of a participating employer; and

(ii) that is designated in the participating employer's governing statute, charter, creation document, or similar document;

(b) is appointed or elected to the position for a definite and fixed term of office by official and duly recorded action of the participating employer;

(c) except for the service in the position, does not perform other work or service for compensation for the participating employer, whether as an employee or under a contract; and

(d) retires from a participating employer that is different than the participating employer with the position in which the person serves.

(6) "Public employee retiree" means a retiree who retires under:

(a) Chapter 12, Public Employees' Contributory Retirement Act;

(b) Chapter 13, Public Employees' Noncontributory Retirement Act; or

(c) Chapter 22, Part 3, Tier II Hybrid Retirement System.

(7) "Public safety or firefighter retiree" means a retiree who retires under:

(a) Chapter 14, Public Safety Contributory Retirement Act:

(b) Chapter 15, Public Safety Noncontributory Retirement Act:

(c) Chapter 16, Firefighters' Retirement Act; or

(d) Chapter 23, Part 3, Tier II Hybrid Retirement System.

(8)

(a) "Reemployed," "reemploy," or "reemployment" means work or service performed for a participating employer after retirement, in exchange for compensation.

(b) "Reemployed," "reemploy," or "reemployment" includes work or service performed on a contract for a participating employer if the retiree is:

(i) listed as the contractor; or

(ii) an owner, partner, or principal of the contractor.

(9)

(a) "Retiree"

means an individual who:

(i) retired from a participating employer; and

(ii) begins reemployment on or after July 1, 2010, with a participating employer.

(b) "Retiree" does not include an individual:

(i)

(A) who was reemployed by a participating employer before July 1, 2010; and

(B) whose participating employer that reemployed the individual under Subsection (9)(b)(i)(A) was dissolved, consolidated, merged, or structurally changed in accordance with Section 49-11-621 on or after July 1, 2010; or

(ii) who is working under a phased retirement agreement in accordance with Chapter 11, Part 13, Phased Retirement.

Utah Code § 49-11-1202

Amended by Chapter 405, 2024 General Session ,§ 1, eff. 7/1/2025.

Amended by Chapter 449, 2020 General Session ,§ 1, eff. 7/1/2020.

Amended by Chapter 310, 2016 General Session ,§ 24, eff. 5/10/2016.

Added by Chapter 310, 2016 General Session ,§ 5, eff. 5/10/2016.

This section is set out more than once due to postponed, multiple, or conflicting amendments.