49-11 - Utah State Retirement Systems Administration

Title 49 > 49-11

Sections (81)

General Provisions

49-11-101 - Title.

(1) This title is known as the “Utah State Retirement and Insurance Benefit Act.”

(2) This chapter is known as the “Utah State Retirement Systems Administration.”

Renumbered and Amended by Chapter 250, 2002 General Session

49-11-102 - Definitions.

As used in this title:

(1) “Active member” means a member who:is employed by a participating employer and accruing service credit; orwithin the previous 120 days:has been employed by a participating employer; andaccrued service credit.”Active member” does not include a retiree.

(2) “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.

(3) “Actuarial interest rate” means the interest rate as recommended by the actuary and adopted by the board upon which the funding of system costs and benefits are computed.

(4) “Agency” means:a department, division, agency, office, authority, commission, board, institution, or hospital of the state;a county, municipality, school district, special district, or special service district;a state college or university; orany other participating employer.”Agency” does not include an entity listed under Subsection (4)(a)(i) that is a subdivision of another entity listed under Subsection (4)(a).

(5) “Allowance” or “retirement allowance” means the pension plus the annuity, including any cost of living or other authorized adjustments to the pension and annuity.

(6) “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.

(7) “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.

(8) “Annuity” means monthly payments derived from member contributions.

(9) “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: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; andwhose appointive position is full-time as certified by the participating employer for a Tier II appointive officer.

(10) “At-will employee” means a person who is employed by a participating employer and: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;whose on-going employment status is entirely at the discretion of the person’s employer; orwho may be terminated without cause by a designated supervisor, manager, or director.”At-will employee” does not include a career employee who has obtained a reasonable expectation of continued employment based on inclusion in a participating employer’s merit system, civil service protection system, or career service personnel systems, policies, or plans.

(11) “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.

(12) “Board” means the Utah State Retirement Board established under Section 49-11-202.

(13) “Board member” means a person serving on the Utah State Retirement Board as established under Section 49-11-202.

(14) “Board of Higher Education” or “Utah Board of Higher Education” means the Utah Board of Higher Education described in Section 53H-1-203.

(15) “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.

(16) “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.

(17) “Council member” means a person serving on the Membership Council established under Section 49-11-205.

(18) “Covered individual” means any individual covered under Chapter 20, Public Employees’ Benefit and Insurance Program Act.

(20) “Defined benefit” or “defined benefit plan” or “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:years of service;final average monthly salary; ora retirement multiplier.

(21) “Defined contribution” or “defined contribution plan” means any defined contribution plan or deferred compensation plan authorized under the Internal Revenue Code and administered by the board.

(22) “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:the State Board of Education and its instrumentalities;any institution of higher education and its branches;any school district and its instrumentalities;any vocational and technical school; andany entity arising out of a consolidation agreement between entities described under this Subsection (22).

(23) “Elected official”:means a person elected to a state office, county office, municipal office, school board or school district office, special district office, or special service district office;includes a person who is appointed to serve an unexpired term of office described under Subsection (23)(a); anddoes not include a judge or justice who is subject to a retention election under Section 20A-12-201.

(24) “Employer” means any department, educational institution, or political subdivision of the state eligible to participate in a government-sponsored retirement system under federal law.”Employer” may also include an agency financed in whole or in part by public funds.

(25) “Exempt employee” means an employee working for a participating employer: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; andfor whom a participating employer is not required to pay contributions or nonelective contributions.

(26) “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.

(27) “Fund” means any fund created under this title for the purpose of paying benefits or costs of administering a system, plan, or program.

(28) “Inactive member” means a member who has not been employed by a participating employer for a period of at least 120 days.”Inactive member” does not include retirees.

(29) “Initially entering” means hired, appointed, or elected for the first time, in current service as a member with any participating employer.”Initially entering” does not include a person who has any prior service credit on file with the office.”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:does not have any prior service credit on file with the office;is covered by a retirement plan other than a retirement plan created under this title; andmoves to a position with a participating employer that is covered by this title.

(30) “Institution of higher education” means an institution described in Section 53H-1-102.

(31) “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.”Member” also includes leased employees within the meaning of Section 414(n)(2) of the Internal Revenue Code, if the employees have contributions on deposit with the office. If leased employees constitute less than 20% of the participating employer’s work force that is not highly compensated within the meaning of Section 414(n)(5)(c)(ii), Internal Revenue Code, “member” does not include leased employees covered by a plan described in Section 414(n)(5) of the federal Internal Revenue Code.

(32) “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:the member; andthe participating employer on the member’s behalf under Section 414(h) of the Internal Revenue Code.

(33) “Nonelective contribution” means an amount contributed by a participating employer into a participant’s defined contribution account.

(34) “Normal cost rate”:means the percent of salary that is necessary for a retirement system that is fully funded to maintain its fully funded status; andis determined by the actuary based on the assumed rate of return established by the board.

(35) “Office” means the Utah State Retirement Office.

(36) “Participant” means an individual with voluntary deferrals or nonelective contributions on deposit with the defined contribution plans administered under this title.

(37) “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.

(38) “Part-time appointed board member” means a person:who is appointed to serve as a member of a board, commission, council, committee, or panel of a participating employer; andwhose service as a part-time appointed board member does not qualify as a regular full-time employee as defined under Section 49-12-102, 49-13-102, or 49-22-102.

(39) “Pension” means monthly payments derived from participating employer contributions.

(40) “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.

(41) “Political subdivision” means any local government entity, including cities, towns, counties, and school districts, but only if the subdivision is a juristic entity that is legally separate and distinct from the state and only if its employees are not by virtue of their relationship to the entity employees of the state.”Political subdivision” includes special districts, special service districts, or authorities created by the Legislature or by local governments, including the office.”Political subdivision” does not include a project entity created under Title 11, Chapter 13, Interlocal Cooperation Act, that was formed prior to July 1, 1987.

(42) “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.

(43) “Public funds” means those funds derived, either directly or indirectly, from public taxes or public revenue, dues or contributions paid or donated by the membership of the organization, used to finance an activity whose objective is to improve, on a nonprofit basis, the governmental, educational, and social programs and systems of the state or its political subdivisions.

(44) “Qualified defined contribution plan” means a defined contribution plan that meets the requirements of Section 401(k) or Section 403(b) of the Internal Revenue Code.

(45) “Refund interest” means the amount accrued on member contributions at a rate adopted by the board.

(46) “Retiree” means an individual who has qualified for an allowance under this title.

(47) “Retirement” means the status of an individual who has become eligible, applies for, and is entitled to receive an allowance under this title.

(48) “Retirement date” means the date selected by the member on which the member’s retirement becomes effective with the office.

(49) “Retirement related contribution”:means any employer payment to any type of retirement plan or program made on behalf of an employee; anddoes not include Social Security payments or Social Security substitute payments made on behalf of an employee.

(50) “Service credit” means: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; andperiods of time otherwise purchasable under this title.

(51) “Surviving spouse” means:the lawful spouse who has been married to a member for at least six months immediately before the death date of the member; ora 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.

(52) “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.

(53) “Technical college” means the same as that term is defined in Section 53H-1-101.

(54) “Tier I” means a system or plan under this title for which:an employee is eligible to participate if the employee initially enters regular full-time employment before July 1, 2011; ora governor or legislator who initially enters office before July 1, 2011.

(55) “Tier II” means a system or plan under this title provided in lieu of a Tier I system or plan for an employee, governor, legislator, or full-time elected official who does not have Tier I service credit in a system or plan under this title:if the employee initially enters regular full-time employment on or after July 1, 2011; orif the governor, legislator, or full-time elected official initially enters office on or after July 1, 2011.”Tier II” includes:the Tier II hybrid system established under:Chapter 22, Part 3, Tier II Hybrid Retirement System; orChapter 23, Part 3, Tier II Hybrid Retirement System; andthe Tier II Defined Contribution Plan (Tier II DC Plan) established under:Chapter 22, Part 4, Tier II Defined Contribution Plan; orChapter 23, Part 4, Tier II Defined Contribution Plan.

(56) “Unfunded actuarial accrued liability” or “UAAL”:is determined by the system’s actuary; andmeans the excess, if any, of the accrued liability of a retirement system over the actuarial value of its assets.

(57) “Voluntary deferrals” means an amount contributed by a participant into that participant’s defined contribution account.

Amended by Chapter 9, 2025 Special Session 1

49-11-103 - Purpose — Liberal construction.

(1) The purpose of this title is to establish: retirement systems and the Utah Governors’ and Legislators’ Retirement Plan for members which provide:a uniform system of membership;retirement requirements;benefits for members;funding on an actuarially sound basis;contributions; andeconomy and efficiency in public service; anda central administrative office and a board to administer the various systems, plans, and programs established by the Legislature or the board.

(2) This title shall be liberally construed to provide maximum benefits and protections consistent with sound fiduciary and actuarial principles.

Amended by Chapter 10, 2018 General Session

Retirement Office and Board

49-11-201 - Establishment of retirement office — An independent state agency — Office exemption.

(1) There is established the Utah State Retirement Office, which may also be known and function as the Utah State Retirement Systems or the Utah Retirement Systems.The office shall administer the systems, plans, and programs and perform all other functions assigned to it under this title.

(2) The office is an independent state agency.It is subject to legislative and executive department budgetary review and comment.

(3) The office may establish branch offices upon approval of the board.

(4) The board and office are exempt from those acts which are applicable to state and other governmental entities under this code.

Amended by Chapter 15, 2014 General Session

49-11-202 - Establishment of Utah State Retirement Board — Quorum — Terms — Officers — Expenses and per diem.

(1) There is established the Utah State Retirement Board composed of seven board members determined as follows: Four board members, with experience in investments or banking, shall be appointed by the governor from the general public.One board member shall be a school employee appointed by the governor from at least three nominations submitted by the governing board of the school employees’ association that is representative of a majority of the school employees who are members of a system administered by the board.One board member shall be a public employee appointed by the governor from at least three nominations submitted by the governing board of the public employee association that is representative of a majority of the public employees who are members of a system administered by the board.One board member shall be the state treasurer.

(2) Four board members constitute a quorum for the transaction of business.

(3) All appointments to the board shall be made on a nonpartisan basis, with the advice and consent of the Senate.Board members shall serve until their successors are appointed and take the constitutional oath of office.When a vacancy occurs on the board for any reason, the replacement shall be appointed for the unexpired term.

(4) Except as required by Subsection (4)(b), all appointed board members shall serve for four-year terms.Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of board members are staggered so that:approximately half of the board is appointed every two years; andno more than two of the board members appointed under Subsection (1)(a) are appointed every two years.A board member who is appointed as a school employee or as a public employee who retires or who is no longer employed with a participating employer shall immediately resign from the board.

(5) Each year the board shall elect a president and vice president from its membership.A board member may not receive compensation or benefits for the board member’s service, but may receive per diem and travel expenses in accordance with:Section 63A-3-106;Section 63A-3-107; andrules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.

Amended by Chapter 352, 2020 General Session

49-11-203 - Powers and duties of board.

(1) The board shall: appoint an executive director to administer the office;receive and act upon reports covering the operations of the systems, plans, programs, and funds administered by the office;ensure that the systems, plans, programs, and funds are administered according to law;review any final order of a hearing officer and approve or modify the order at the board’s discretion in accordance with Section 49-11-613;examine and approve an annual operating budget for the office;serve as investment trustees of the Utah State Retirement Investment Fund as provided under this title;maintain, in conjunction with participating employers and members, the systems, plans, and programs on an actuarially sound basis;report annually to the governor, the Legislature, and each participating employer the contribution rates, premium rates, and any adjustments necessary to maintain the systems, plans, and programs on a financially and actuarially sound basis;receive and act upon recommendations of the executive director;recommend to the governor and Legislature, through the executive director, any necessary or desirable changes to this title;develop broad policy for the long-term operation of the various systems, plans, and programs under broad discretion and power to perform the board’s policymaking functions, including the specific authority to interpret and define any provision or term under this title when the board or office provides written documentation which demonstrates that the interpretation or definition promotes uniformity in the administration of the systems or maintains the actuarial soundness of the systems, plans, or programs;adopt interest rates, premium rates, and annual contribution rates after reviewing actuarial recommendations;establish the compensation of the executive director and adopt compensation plans and policies based on market surveys for positions in the office;take action consistent with this title for the administration of the systems, plans, and programs in order to carry out the purposes of this title;provide for audits of the systems, plans, programs, and funds;take actions not in conflict with the board’s trust and fiduciary responsibilities or other law, with respect to the governance of the office which are substantially similar to those governing other public agencies;in accordance with the board’s fiduciary responsibilities, make investment decisions with the sole purpose of maximizing the risk-adjusted return on the investments;to the extent practicable:retain the right to vote investor proxies; orif the investments are commingled with another investor’s funds, request the right to vote investor proxies; andensure proxy voting is exercised to maximize risk-adjusted returns for the exclusive benefit of beneficiaries;make proxy voting records available to the state treasurer upon the state treasurer’s request; andotherwise exercise the powers and perform the duties conferred on the board by this title.

(2) The board may: subpoena witnesses and compel the witnesses’ attendance to testify before the board, for which purpose each board member may administer oaths and affirmations to witnesses and others transacting business of the office;establish councils to recommend to the board and the executive director policies affecting members of any systems, plans, and programs administered by the board;pay the travel expenses of council members who attend council meetings; andsue and be sued in the board’s own name.

(3) The state treasurer is subject to the same restrictions on disclosure of the proxy voting records described in Subsection (1)(s) as the board.

Amended by Chapter 242, 2023 General Session

49-11-204 - Powers and duties of executive director.

The executive director shall:

(1) act as the executive officer of the board and the office;

(2) administer the various systems, plans, programs, and functions assigned to the board or office;

(3) subject to board review, develop and implement internal policies and procedures which administer and govern the day-to-day operations of the systems, plans, and programs;

(4) transmit orders of a hearing officer made under Section 49-11-613 to the board;

(5) provide information concerning the operation of the office to the board, the governor, the Legislature, participating employers, and employer and employee associations, unless otherwise restricted under Section 49-11-618;

(6) inform the Legislature of any recommendations from the board regarding any necessary or desirable changes to this title;

(7) consult with the Legislature on all legislation under this title;

(8) recommend to the board an annual administrative budget covering the operations of the office and, upon approval, submit the budget along with the actuarial status of the funds to the governor and the Legislature for review and comment; anddirect and control the subsequent expenditures of the budget;

(9) employ, within the limitations of the budget, personnel to administer the systems, plans, programs, and funds assigned to the office, including consultants, actuaries, attorneys, medical examiners, investment counselors, and accountants to accomplish the purposes of this title;

(10) establish independent financial records for each of the systems, plans, and programs or combine all financial records using acceptable principles of accounting to identify the assets and vested interests of each system, plan, or program;

(11) maintain individual records necessary to provide benefits under this title;

(12) keep in convenient form all records, accounts, and data necessary for the administration and actuarial valuation of the systems, plans, and programs;

(13) adopt fees, charges, and upon the recommendation of the actuary, interest rates and tables for the administration of the systems, plans, and programs;

(14) make payment of all monthly allowances and any defined contribution distributions, and may consolidate payments at the sole discretion of the executive director;

(15) ensure that the integrity of the various funds is maintained through appropriate accounting records;

(16) at least every three years: make an actuarial investigation into the mortality, service, and other experience of the members, participants, beneficiaries, and covered individuals of the systems, plans, and programs;actuarially value the assets and liabilities of the administered funds and accounts; anddetermine the rate of interest being earned by the funds;

(17) report to the board findings under Subsection (16), with recommendations, including proposed changes in the rates of contribution or benefits that are necessary to maintain the actuarial soundness of the systems, plans, or programs;

(18) regulate participating employers by: educating them on their duties imposed by this title;specifying the time, place, and manner in which contributions shall be withheld and paid; andrequiring any reports necessary for the administration of this title; and

(19) otherwise exercise the powers and perform the duties conferred on the executive director by this title.

Amended by Chapter 31, 2019 General Session

49-11-205 - Membership Council established — Members — Chair — Duties — Expenses and per diem.

(1) A Membership Council is established to perform the duties under Subsection (5).

(2) The Membership Council shall be composed of 15 council members selected as follows:three council members shall be school employees selected by the governing board of an association representative of a majority of school employees who are members of a system administered by the board;one council member shall be an education support professional selected by the governing board of the association representative of a majority of education support professionals who are members of a system administered by the board;two council members shall be public employees selected by the governing board of the association representative of a majority of the public employees who are members of a system administered by the board;one council member shall be a municipal officer or employee selected by the governing board of the association representative of a majority of the municipalities who participate in a system administered by the board;one council member shall be a county officer or employee selected by the governing board of the association representative of a majority of counties who participate in a system administered by the board;one council member shall be a representative of members of the Judges’ Noncontributory Retirement System selected by the Judicial Council;one council member shall be a representative of members of the Public Safety Retirement Systems selected by the governing board of the association representative of the majority of peace officers who are members of the Public Safety Retirement Systems;one council member shall be a representative of members of the Firefighters’ Retirement System selected by the governing board of the association representative of the majority of paid professional firefighters who are members of the Firefighters’ Retirement System;one council member shall be a retiree selected by the governing board of the association representing the largest number of retirees, who are not public education retirees, from the Public Employees’ Contributory, Public Employees’ Noncontributory, and New Public Employees’ Tier II Contributory Retirement Systems;one council member shall be a retiree selected by the governing board of the association representing the largest number of public education retirees;one council member shall be a school business official selected by the governing board of the association representative of a majority of the school business officials from public education employers who participate in a system administered by the board; andone council member shall be a special district officer or employee selected by the governing board of the association representing the largest number of special service districts and special districts who participate in a system administered by the board.

(3) Each entity granted authority to select council members under Subsection (2) may also revoke the selection at any time.Each term on the council shall be for a period of four years, subject to Subsection (3)(a).Each term begins on July 1 and expires on June 30.When a vacancy occurs on the council for any reason, the replacement shall be selected for the remainder of the unexpired term.

(4) The council shall annually designate one council member as chair.

(5) The council shall:recommend to the board and to the Legislature benefits and policies for members of any system or plan administered by the board;recommend procedures and practices to improve the administration of the systems and plans and the public employee relations responsibilities of the board and office;examine the record of all decisions affecting retirement benefits made by a hearing officer under Section 49-11-613;submit nominations to the board for the position of executive director if that position is vacant;advise and counsel with the board and the director on policies affecting members of the various systems administered by the office; andperform other duties assigned to it by the board.

(6) A member of the council may not receive compensation or benefits for the member’s service, but may receive per diem and travel expenses in accordance with:Section 63A-3-106;Section 63A-3-107; andrules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.

Amended by Chapter 298, 2025 General Session

Investment Fund

49-11-301 - Creation — Board to act as trustees of the fund — Commingling and pooling of funds — Interest earnings — Funded ratio.

(1) There is created a common trust fund known as the “Utah State Retirement Investment Fund” for the purpose of enlarging the investment base and simplifying investment procedures and functions.The Utah State Retirement Investment Fund may sue and be sued in its own name.

(2) The board shall act as trustees of the Utah State Retirement Investment Fund and, through the executive director, may commingle and pool the funds and investments of any system, plan, or program into the Utah State Retirement Investment Fund, if the principal amounts of the participating funds do not lose their individual identity and are maintained as separate trust funds on the books of the office.In combining the investments of any fund, each of the participating funds shall be credited initially with its share of the total assets transferred to the Utah State Retirement Investment Fund.The value of the transferred assets shall be calculated in accordance with generally accepted accounting principles.Subsequent transfers of additional capital from participating funds shall be credited similarly to its respective trust account.The income or principal or equity credit belonging to one participating fund may not be transferred to another, except for the purpose of:actuarially recommended transfers in order to adjust employer contribution rates for an employer that participates in both contributory and noncontributory systems; ortransfers which reflect the value of service credit accrued in different systems during a member’s career.

(3) The assets of the funds are for the exclusive benefit of the members, participants, and covered individuals and may not be diverted or appropriated for any purpose other than that permitted by this title.

(4) Interest and other earnings shall be credited to each participating fund on a pro rata equity position basis.A portion of the interest and other earnings of the common trust fund may be credited to a reserve account within the Utah State Retirement Investment Fund to meet adverse experiences arising from investments or other contingencies.Each participating fund shall retain its proportionate equity in the reserve account.

(5) The actuarial funded ratio of the systems may reach and be maintained at 110%, as determined by the board’s actuary using assumptions adopted by the board, before the board is required to certify a decrease in contribution rates.Except as provided in Subsection (6), the board may not increase contribution rates to attain an actuarial funded ratio greater than 100%.

(6) The cost of any amendment to this title shall be included in the final contribution rates adopted and certified by the board in accordance with Subsections 49-11-102(14) and 49-11-203(1)(l).If a preliminary certified contribution rate approved by the board prior to an annual general session or special session of the Legislature was maintained at a previous year’s level that is higher than the contribution rate calculated by the board’s actuary for that year in accordance with Subsection (5)(a), the board’s final certified contribution rate shall be the sum of the actuarially determined costs from any amendment to this title during the general session or special session and the preliminary certified contribution rate.

Amended by Chapter 10, 2018 General Session

49-11-302 - Board duties with respect to fund.

(1) The board: shall review and establish the asset allocation of the Utah State Retirement Investment Fund for investment, and with the executive director, shall determine the method of investing the funds;through the executive director:shall invest the money in the Utah State Retirement Investment Fund; andmay provide for the holding, purchasing, selling, assigning, transferring, and disposing of any of the securities and investments in which any of the money of the Utah State Retirement Investment Fund is invested.

(2) Fees for all services shall be paid from the interest earnings of the Utah State Retirement Investment Fund.

(3) Title to real estate or any other fund investment may be: held in the name of the Utah State Retirement Investment Fund; orheld in another name or names as determined by the board.

Renumbered and Amended by Chapter 250, 2002 General Session

49-11-303 - Fund investment standard — Prudent investor rule.

The fund shall be invested in accordance with the prudent investor rule established in Title 75B, Chapter 2, Part 9, Uniform Prudent Investor Act.

Amended by Chapter 310, 2025 General Session

49-11-304 - Administrative costs — Payable from fund.

General administrative costs of operating the office shall be assessed to the systems, plans, programs, and funds on a pro rata basis and shall be paid from earnings of the Utah State Retirement Investment Fund.

Renumbered and Amended by Chapter 250, 2002 General Session

49-11-305 - Self-insurance option — Purchase of liability insurance.

(1) The office may self insure and may purchase commercial insurance in any amount.

(2) The office may also purchase excess commercial insurance above the limits provided by the Governmental Immunity Act against any: risk created or recognized by the Governmental Immunity Act; orother action for which the board, office, or any of its employees, may be held liable.

Renumbered and Amended by Chapter 250, 2002 General Session

49-11-306 - Definitions — Scrutinized companies investment report — Content — Reporting — Exceptions.

(1) As used in this section:“Active business operations” means all business operations that are not inactive business operations.”Business operations” means investing, with actual knowledge on or after August 5, 1996, in Iran’s petroleum sector which investment directly and significantly contributes to the enhancement of Iran’s ability to develop the petroleum resources of Iran.”Business operations” does not include the retail sale of gasoline and related consumer products.”Company” means any foreign sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company, or any other foreign entity or business association, including all wholly-owned subsidiaries, majority-owned subsidiaries or parent companies or affiliates of these entities or business associations, that exists for the purpose of making a profit.”Direct holdings” means all publicly traded equity securities of a company that are held directly by the investment fund or in an account or fund in which the investment fund owns all shares or interests.”Direct holdings” does not include publicly traded equity securities of a company held as part of a passive indexing investment strategy.”Inactive business operations” means the continued holding or renewal of rights to property previously operated for the purpose of generating revenues but not presently deployed for that purpose.”Investment fund” means the Utah State Retirement Investment Fund created in Section 49-11-301.”Iran” means the Islamic Republic of Iran.”Petroleum resources” means petroleum or natural gas.”Scrutinized business operations” means any active business operations that:are subject to or liable for sanctions under Public Law 104-172, the Iran Sanctions Act of 1996, as amended; andinvolve the maintenance of:the company’s existing assets or investments in Iran; orthe deployment of new investments to Iran that meet or exceed the threshold referred to in Public Law 104-172, the Iran Sanctions Act of 1996, as amended.”Scrutinized company” means any company engaging in scrutinized business operations.

(2) The Utah State Retirement Office shall identify the scrutinized companies in which the investment fund has direct holdings.In making the determination, the board shall review and rely on publicly available information regarding companies with business operations in Iran, including information provided by nonprofit organizations, research firms, international organizations, and government entities.The office shall assemble a list of all identified scrutinized companies.The office shall update the list, on an annual basis, with information provided and received from those entities listed in Subsection (2)(a).

(3) The office shall prepare an annual report of investment fund investments in scrutinized companies.

(4) The report shall include amounts and other data and statistics designed to explain the past and current extent to which public fund investments in scrutinized companies:are present; andare being prevented under Subsection (6).

(5) The report shall be provided to the governor, the board, the president of the Senate, the speaker of the House of Representatives, and to each member and staff of the Retirement and Independent Entities Committee created under Section 63E-1-201.

(6) Using the most current list assembled under Subsection (2), the office shall prevent the investment of investment fund’s direct holdings in a scrutinized company:for funds managed within the office, by not investing in direct holdings in a scrutinized company; andfor funds managed by contract by a professional investment manager:for existing contracts, by requesting that no more direct holdings be acquired in a scrutinized company; andfor future contracts, by stipulating in the contract that no new direct holdings be acquired in a scrutinized company.

(7) The provisions of this section do not apply to:money invested in a defined contribution plan as defined under Section 49-11-102; orinvestments in a company that is primarily engaged in:supplying goods or services intended to relieve human suffering in Iran; orpromoting health, education, religious, welfare, or journalistic activities in Iran.

Amended by Chapter 421, 2024 General Session

49-11-307 - Report on funded status — Study of compensation.

(1) The office shall report the funded status of the Utah State Retirement Investment Fund to the Retirement and Independent Entities Committee created under Section 63E-1-201.The report under Subsection (1)(a) shall be made at least annually or as requested by the committee.

(2) If the Utah State Retirement Investment Fund reaches a funded status of 100%, the office shall make a report to that effect.The report shall be provided to the governor, the board, the president of the Senate, the speaker of the House of Representatives, and to each member and staff of the Retirement and Independent Entities Committee created under Section 63E-1-201.

(3) Upon receipt of the report under Subsection (2)(b), the committee shall conduct a study on participating employee compensation and benefits to determine the need for adjustments in retirement benefits, salary, and other benefits for the recruitment and retention of a qualified workforce.

(4) The committee shall report any findings and recommendations to the Legislative Management Committee.

Enacted by Chapter 266, 2010 General Session

Service Credits

49-11-401 - Transfer of service credit — Eligibility for service credit — Computation of service credit — Retirement from most recent system.

(1) The office shall make the transfer of service credit, together with related member and participating employer contributions, from one system to another upon terms and conditions established by the board.The terms and conditions may not result in a loss of accrued benefits.

(2) An employee does not lose active member status by transferring employment from a position covered by one system to a position covered by another system.

(3) In the accrual of service credit, the following provisions apply: a person employed and compensated by a participating employer who meets the eligibility requirements for membership in a system or the Utah Governors’ and Legislators’ Retirement Plan shall receive service credit for the term of the employment provided that all required contributions are paid to the office; andthe person may not receive service credit for a term of employment until all required contributions related to that service credit have been paid to the office;an allowance or other benefit may not accrue under this title which is based upon the same period of employment as has been the basis for any retirement benefits under some other public retirement system;the board shall fix the minimum time per day, per month, and per year upon the basis of which one year of service and proportionate parts of a year shall be credited toward qualification for retirement;service may be computed on a fiscal or calendar year basis and portions of years served shall be accumulated and counted as service; andin any event, all of the service rendered in any one fiscal or calendar year may not count for more than one year;service credit shall be accrued on a fiscal or calendar year basis as determined by the participating employer;a member may not accrue more than one year of service credit per fiscal or calendar year as determined by the office; andfractions of years of service credit shall be accumulated and counted in proportion to the work performed.

(4) The office may estimate the amount of service credit, compensation, or age of any member, participant, or alternate payee, if information is not contained in the records.

(5) A member shall retire from the system that most recently covered the member.

(6) Under no circumstances may service credit earned by a member under Chapter 22, New Public Employees’ Tier II Contributory Retirement Act, or Chapter 23, New Public Safety and Firefighter Tier II Contributory Retirement Act, be transferable to any other system or plan under this title.Under no circumstances may service credit earned by a member under one of the following systems be transferable to the system created under Chapter 22, New Public Employees’ Tier II Contributory Retirement Act, or under Chapter 23, New Public Safety and Firefighter Tier II Contributory Retirement Act: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; orChapter 19, Utah Governors’ and Legislators’ Retirement Act.

Amended by Chapter 193, 2021 General Session

49-11-402 - Purchase of military service credit.

(1) Except as provided under Subsection (7), a member who is absent from employment with a participating employer by reason of an official call to full-time United States military service may receive service credit for that military service as follows: the member, the participating employer, or the member and participating employer jointly shall make the required payments, as determined by the office, to the system in which the member participated at the time of the official call, according to the law governing that particular system;prior to a member’s retirement date, the required payments shall be made:during the period of full-time United States military service;after the military service, but within a period not to exceed three times the period of military service up to a maximum of five years; oras otherwise allowed by federal law;required payments shall be based on the member’s compensation at the time of the official military call;if a required payment is not made within the time allowed under Subsection (1)(b), the member or participating employer may purchase the service credit as allowed in Subsection (2); andthe member shall return to employment with the participating employer upon receiving an honorable discharge from military service and there may not be intervening employment outside of the employment with the participating employer.

(2) A member, a participating employer, or a member and a participating employer jointly, may purchase service credit for full-time United States military service, resulting from an official call to duty, if the member has four or more years of service credit and the military service does not otherwise qualify for service credit under this title.Payment to the office for a military service credit purchase shall be made to the system under which the member is currently covered in an amount determined by the office based on a formula recommended by the actuary and adopted by the board.The purchase shall be made through payroll deductions or through a lump sum deposit based upon the present value of future payments.If total payment is not completed prior to retirement, service credit shall be prorated in accordance with the amount paid.

(3) For purposes of Subsection (2), full-time United States military service does not include any regularly scheduled or annual military service that is required by a reserve unit, National Guard unit, or any other United States military unit.

(4) If any of the factors used to determine the cost of a service credit purchase change at or before the member’s retirement date, the cost of the purchase shall be recalculated.If the recalculated cost exceeds the amount paid for the purchase, the member may:pay the increased cost, plus interest, to receive the full amount of service credit; ornot pay the increased cost and have the purchased service credit prorated.

(5) If the recalculated cost under Subsection (4) is less than the amount paid for the purchase, the office shall refund the excess payment to the member or participating employer who paid for the purchase.

(6) The board may adopt rules under which a member may make the necessary payments to the office for purchases under this title as permitted by federal law.The office may reject any payments if the office determines the tax status of the system, plans, or programs would be jeopardized by allowing the payment.

(7) Notwithstanding the provisions under Subsection (1), a member may receive service credit for military service covered under the provisions of the federal Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), 38 U.S.C. Sec. 4301 et seq., under the terms and conditions provided under that law.

Amended by Chapter 243, 2015 General Session

49-11-403 - Purchase of public service credit not otherwise qualifying for benefit.

(1) A member, a participating employer, or a member and a participating employer jointly may purchase service credit equal to the period of the member’s employment in the following: United States federal employment;employment in a private school based in the United States, if the member received an employer paid retirement benefit for the employment;public employment in another state or territory of the United States which qualifies the member for membership in the public plan or system covering the employment, but only if the member does not qualify for any retirement benefits based on the employment;forfeited service credit in this state if the member does not qualify for an allowance based on the service credit;full-time public service while on an approved leave of absence;the period of time for which disability benefits were paid if:the member was receiving: long-term disability benefits;short-term disability benefits; orworker’s compensation disability benefits; andthe member’s employer had not entered into a benefit protection contract under Section 49-11-404 during the period the member had a disability due to sickness or accident;employment covered by a retirement plan offered by a public or private system, organization, or company designated by the Utah Board of Higher Education, if the member forfeits any retirement benefit from that retirement plan for the period of employment to be purchased under this Subsection (1)(g);employment in a charter school located within the state if the member forfeits any retirement benefit under any other retirement system or plan for the period of employment to be purchased under this Subsection (1)(h); oremployment with a participating employer that is exempt from coverage under this title under a written request for exemption with the office, if the member forfeits any retirement benefit under any other retirement system or plan for the period of employment to be purchased under this Subsection (1)(i).

(2) A member shall: have at least four years of service credit before a purchase can be made under this section; andforfeit service credit and any defined contribution balance based on employer contributions under any other retirement system or plan based on the period of employment for which service credit is being purchased.

(3) To purchase credit under this section, the member, a participating employer, or a member and a participating employer jointly shall make payment to the system under which the member is currently covered.The amount of the payment shall be determined by the office based on a formula that is:recommended by the actuary; andadopted by the board.

(4) The purchase may be made through payroll deductions or through a lump sum deposit based upon the present value of future payments.

(5) Total payment must be completed prior to the member’s effective date of retirement or service credit will be prorated in accordance with the amount paid.

(6) For a purchase made before July 1, 2010, if any of the factors used to determine the cost of a service credit purchase change at or before the member’s retirement date, the cost of the purchase shall be recalculated at the time of retirement.For a purchase made before July 1, 2010, if the recalculated cost exceeds the amount paid for the purchase, the member, a participating employer, or a member and a participating employer jointly may:pay the increased cost, plus interest, to receive the full amount of service credit; ornot pay the increased cost and have the purchased service credit prorated.For a purchase made on or after July 1, 2010:the purchase shall be made in accordance with rules: adopted by the board based on recommendations by the board’s actuary; andin effect at the time the purchase is completed; andthe cost of the service credit purchase shall not be recalculated at the time of retirement.

(7) If the recalculated cost under Subsection (6)(a) is less than the amount paid for the purchase, the office shall refund the excess payment to the member or participating employer who paid for the purchase.

(8) The board may adopt rules under which a member may make the necessary payments to the office for purchases under this title as permitted by federal law.The office may reject any payments if the office determines the tax status of the system, plans, or programs would be jeopardized by allowing the payment.

(9) An employee who elects to participate exclusively in the defined contribution plan under Chapter 22, Part 4, Tier II Defined Contribution Plan, or Chapter 23, Part 4, Tier II Defined Contribution Plan, may not purchase service credit for that period of employment.

Amended by Chapter 365, 2020 General Session

49-11-404 - Benefit protection contract authorized — Annual report required.

(1) A participating employer may establish a salary protection program under which the participating employer’s employees are paid during periods of disability.If a salary protection program is established, a participating employer may enter into benefit protection contracts with the office.A salary protection program shall:pay benefits based on the rate of compensation of the member with a disability at the time of disability;pay benefits over the period of the disability;not include settlement or lump sum payments of any type;be based upon the member being awarded and receiving ongoing monthly disability benefits that are: substantially equivalent to the long-term disability programs offered under Chapter 21, Public Employees’ Long-Term Disability Act; orworkers’ compensation indemnity benefits provided in accordance with Title 31A, Insurance Code; andcomply with requirements adopted by the board.

(2) A benefit protection contract shall allow: the member with a disability to be considered an active member in a system and continue to accrue service credit and salary credit based on the member’s rate of pay in effect at the time disability commences;the office to require participating employer contributions to be paid before granting service credit and salary credit to the member;the member with a disability to remain eligible during the contract period for any benefits provided by the system that covers the member; andthe benefit for the member with a disability to be improved by the annual cost-of-living increase factor applied to retired members of the system that covered the member on the date the member is eligible to receive benefits under a benefit protection contract.

(3) The office shall establish the manner and times when employer contributions are paid.A failure to make the required payments is cause for the office to cancel a contract.Service credit and salary credit granted and accrued up to the time of cancellation may not be forfeited.

(4) For an employee covered under Chapter 22, New Public Employees’ Tier II Contributory Retirement Act, or Chapter 23, New Public Safety and Firefighter Tier II Contributory Retirement Act, a benefit protection contract shall allow: for the defined benefit portion for a member covered under Chapter 22, Part 3, Tier II Hybrid Retirement System, or Chapter 23, Part 3, Tier II Hybrid Retirement System:the member with a disability to be considered an active member in a system and continue to accrue service credit and salary credit based on the member’s rate of pay in effect at the time disability commences;the office to require participating employer contributions to be paid before granting service credit and salary credit to the member;the member with a disability to remain eligible during the contract period for any benefits provided by the system that covers the member; andthe benefit for the member with a disability to be improved by the annual cost-of-living increase factor applied to retired members of the system that covered the member on the date the member is eligible to receive benefits under a benefit protection contract; andfor the defined contribution portion for a member covered under Chapter 22, Part 3, Tier II Hybrid Retirement System, or Chapter 23, Part 3, Tier II Hybrid Retirement System, or for a participant covered under Chapter 22, Part 4, Tier II Defined Contribution Plan, or Chapter 23, Part 4, Tier II Defined Contribution Plan, the office to require participating employers to continue making the nonelective contributions on behalf of the member with a disability or participant in the amounts specified in Subsection 49-22-303(1)(a), 49-22-401(1), 49-23-302(1)(a), or 49-23-401(1).

(5) A participating employer that has entered into a benefit protection contract under this section shall submit an annual report to the office, which identifies: the employees receiving long-term disability benefits under policies initiated by the participating employer and approved under the benefit protection contract;the employees that have applied for long-term disability benefits and who are waiting approval; andthe insurance carriers that are actively providing long-term disability benefits.

(6) If an employer fails to provide the annual report required under Subsection (5), the benefits that would have accrued under the benefit protection contract shall be forfeited.

(7) The board may adopt rules to implement and administer this section.

Amended by Chapter 122, 2022 General Session

49-11-405 - Service credit from different systems or plans — Eligibility and calculation of service credit.

(1) A member who has service credit from two or more systems or one or more systems and the Utah Governors’ and Legislators’ Retirement Plan may combine service credit for purposes of determining eligibility for retirement.The provisions of Subsection (1)(a) do not apply to concurrent service.

(2) To be eligible for the calculation under Subsection (3), the member’s service credit earned under the different systems or the Utah Governors’ and Legislators’ Retirement Plan shall at least equal the minimum amount of service credit required to retire from the system which most recently covered the member.

(3) If a member meets the requirements of Subsection (2), the office shall calculate the member’s allowance using all service credit earned from any system or the Utah Governors’ and Legislators’ Retirement Plan, with no actuarial reduction applied to the allowance, except the service credit used to calculate the benefit shall be increased or decreased to reflect the value of the assets transferred.

(4) The office shall establish the standards used for calculating any increase or decrease in the service credit.

(5) This section does not apply to a retiree who is subject to Section 49-11-504 and Chapter 11, Part 12, Postretirement Reemployment Restrictions Act.

Amended by Chapter 310, 2016 General Session

49-11-406 - Governor’s appointed executives and senior staff — Appointed legislative employees — Transfer of value of accrued defined benefit — Procedures.

(1) As used in this section:“Defined benefit balance” means the total amount of the contributions made on behalf of a member to a defined benefit system plus refund interest.”Senior staff” means an at-will employee who reports directly to an elected official, executive director, or director and includes a deputy director and other similar, at-will employee positions designated by the governor, the speaker of the House, or the president of the Senate and filed with the Division of Human Resource Management and the Utah State Retirement Office.

(2) In accordance with this section and subject to requirements under federal law and rules made by the board, a member who has service credit from a system may elect to be exempt from coverage under a defined benefit system and to have the member’s defined benefit balance transferred from the defined benefit system or plan to a defined contribution plan in the member’s own name if the member is:the state auditor;the state treasurer;an appointed executive under Subsection 67-Ch67_22|67-22-2](a);an employee in the Governor’s Office;senior staff in the Governor’s Office of Planning and Budget;senior staff in the Governor’s Office of Economic Opportunity;senior staff in the State Commission on Criminal and Juvenile Justice;senior staff in the Public Lands Policy Coordinating Office, created in Section 63L-11-201;a legislative employee appointed under Subsection 36-Ch36_12|36-12-7]; ora legislative employee appointed by the speaker of the House of Representatives, the House of Representatives minority leader, the president of the Senate, or the Senate minority leader.

(3) An election made under Subsection (2):is final, and no right exists to make any further election;is considered a request to be exempt from coverage under a defined benefits system; andshall be made on forms provided by the office.

(4) The board shall adopt rules to implement and administer this section.

Amended by Chapter 425, 2024 General Session

49-11-407 - Service credit purchases by active employees only.

Notwithstanding any other provision of this title, only an active member may purchase service credit under this title.

Enacted by Chapter 439, 2011 General Session

General Member Provisions

49-11-501 - Refunds of member contributions — Transfers of contributions to defined contribution plan.

(1) If a member shall for any cause, except retirement, permanent or temporary disability, or death, terminate employment with a participating employer the member may leave the member contributions in the fund or may receive a refund of the member contributions as provided under this section.

(2) A member who applies for a refund of member contributions shall apply in writing on forms provided by the office.

(3) A refund of member contributions may not be made to a member within 60 days from the last date of the pay period for which contributions are made by or on behalf of the member.

(4) If the member is reemployed by a participating employer within the time period under Subsection (3), the member is not eligible for a refund.

(5) A member who receives a refund of member contributions forfeits the service credit based on those contributions.

(6) A member who is exempted from or becomes ineligible for service credit in a system but who remains employed by a participating employer may request a direct transfer of member contributions to a qualified plan.

(7) A member who remains employed with an employer which has withdrawn from a system may request a plan-to-plan transfer of member contributions to a qualified defined contribution plan administered by the board or a qualified plan offered by the member’s employer.

(8) Refund interest shall be paid on refunds of member contributions under this section.

Amended by Chapter 240, 2003 General Session

49-11-502 - Redeposits of refunds — Time period.

(1) If a member receives a refund of member contributions and is subsequently reemployed in a position covered by a system or the Utah Governors’ and Legislators’ Retirement Plan, the participating employer or the member may redeposit an amount equal to the member contributions refunded and interest charged under Section 49-11-503.The interest shall be compounded annually from the date of refund through the month of payment.If a redeposit is made, service credit shall be restored to the member’s account and credited to the same system or the Utah Governors’ and Legislator’s Retirement Plan from which the refund was taken.

(2) A member may redeposit an amount equal to a prior refund of member contributions and interest charges in one lump sum or in monthly installments by payroll deduction in a time period determined by the office.If the total redeposit is not made prior to the member’s retirement date, the amount of redeposit paid to the office shall be refunded to the member without interest and the member is not entitled to service credit based on the amount of the refund.The interest rate charged during the installment period shall be a fixed rate calculated at the time of the first installment payment in accordance with Section 49-11-503.

(3) A member who redeposits a refund of member contributions under this section shall receive the amount of service credit forfeited in taking the refund.

(4) For purposes of this section, the Public Employees’ Contributory Retirement System created under Chapter 12, Public Employees’ Contributory Retirement Act, and the Public Employees’ Noncontributory Retirement System created under Chapter 13, Public Employees’ Noncontributory Retirement Act, are considered one system.For purposes of this section, the Public Safety Contributory Retirement System created under Chapter 14, Public Safety Contributory Retirement Act, and the Public Safety Noncontributory Retirement System created under Chapter 15, Public Safety Noncontributory Retirement Act, are considered one system.For purposes of this section, the Judges’ Contributory Retirement System created under Chapter 17, Judges’ Contributory Retirement Act, and the Judges’ Noncontributory Retirement System created under, Chapter 18, Judges’ Noncontributory Retirement Act, are considered one system.

(5) The board may make rules to allow a member to make the necessary payments to the office for redeposits under this title as permitted by federal law.The office may reject any payments if the office determines the tax status of the systems, plans, or programs may be jeopardized by allowing the payment.

Renumbered and Amended by Chapter 250, 2002 General Session

49-11-503 - Rate of interest on redeposits, adjustments, and delinquent payments.

The rate of interest charged on redeposits of refunds, adjustments, or delinquent payments is the greater of:

(1) the interest rate as determined under a formula approved by the board; or

(2) the actuarial interest rate as of the preceding June 30.

Amended by Chapter 240, 2003 General Session

49-11-504 - Reemployment of a retiree — Restrictions.

(1) As used in this section: “full-time” means:employment requiring 20 or more hours of work per week; orat least a half-time teaching contract.”Reemployed,” “reemploy,” or “reemployment” means the same as those terms are defined in Section 49-11-1202.

(2) Except for the provisions of Subsection (3), the provisions of this section do not apply to a person who is subject to the provisions of Chapter 11, Part 12, Postretirement Reemployment Restrictions Act.This section does not apply to employment as an elected official.

(3) A person who is not a retiree under this title is not subject to any postretirement restrictions under this title.

(4) A retiree of an agency who is reemployed may not earn additional service credit, if the retiree is reemployed by: a different agency; orthe same agency after six months from the retirement date.

(5) A retiree of an agency who is reemployed on a full-time basis by the same agency within six months of the date of retirement is subject to the following: the agency shall immediately notify the office;the office shall cancel the retiree’s allowance and reinstate the retiree to active member status;the allowance cancellation and reinstatement to active member status is effective on the first day of the month following the date of reemployment;the reinstated retiree may not retire again with a recalculated benefit for a two-year period from the date of cancellation of the original allowance, and if the retiree retires again within the two-year period, the original allowance shall be resumed; anda reinstated retiree retiring after the two-year period shall be credited with the service credit in the retiree’s account at the time of the first retirement and from that time shall be treated as a member of a system, including the accrual of additional service credit, but subject to recalculation of the allowance under Subsection (9).

(6) A retiree of an agency who is reemployed by the same agency within six months of retirement on a less than full-time basis by the same agency is subject to the following: the retiree may earn, without penalty, compensation from that position which is not in excess of the exempt earnings permitted by Social Security;if a retiree receives compensation in a calendar year in excess of the Social Security limitation, 25% of the allowance shall be suspended for the remainder of the six-month period;the effective date of a suspension and reinstatement of an allowance shall be set by the office; andany suspension of a retiree’s allowance under this Subsection (6) shall be applied on a calendar year basis.

(7) For six months immediately following retirement, the retiree and participating employer who are subject to Subsection (6) shall: maintain an accurate record of gross earnings in employment;report the gross earnings at least monthly to the office;immediately notify the office in writing of any postretirement earnings under Subsection (6); andimmediately notify the office in writing whether postretirement earnings equal or exceed the exempt earnings under Subsection (6).

(8) If a participating employer hires a retiree, the participating employer may not make a retirement related contribution in an amount that exceeds the normal cost rate as defined under Section 49-11-102 on behalf of the retiree under Subsection (8)(b).The contributions under Subsection (8)(a) are not required, but if paid, shall be paid to a:defined contribution plan administered by the board; ordeferred compensation plan administered by the board.

(9) A retiree who has returned to work, accrued additional service credit, and again retires shall have the retiree’s allowance recalculated using: the formula in effect at the date of the retiree’s original retirement for all service credit accrued prior to that date; andthe formula in effect at the date of the subsequent retirement for all service credit accrued between the first and subsequent retirement dates.

(10) The board may make rules to implement this section.

Amended by Chapter 24, 2020 General Session

Procedures and Records

49-11-601 - Payment of employer contributions — Penalties for failure to comply — Adjustments to be made.

(1) The employer contributions, fees, premium taxes, contribution adjustments, and other required payments shall be paid to the office by the participating employer as determined by the executive director.

(2) A participating employer that fails to withhold the amount of any member contributions, as soon as administratively possible, shall also pay the member contributions to the office out of its own funds.

(3) Except as limited by Subsections (6) and (7), if a participating employer does not make the contributions required by this title within 30 days of the end of the pay period, the participating employer is liable to the office as provided in Section 49-11-604 for: delinquent contributions;interest on the delinquent contributions as calculated under Section 49-11-503; anda penalty equal to the greater of:$250; or50% of the total contributions for the employees for the period of the reporting error.

(4) The executive director may waive all or any part of the interest, penalties, expenses, and fees if the executive director finds there were extenuating circumstances surrounding the participating employer’s failure to comply with this section.

(5) Contributions made in error will be refunded to the participating employer or member that made the contributions.

(6) An employer described in Subsection 49-12-202(2)(c) or (d), or Subsection 49-13-202(2)(c), (d), or (e) that paid retirement benefits to an employee or retiree that were not required by this title may offer the retirement benefits paid to the employee as a substantial substitute to service credit and retirement benefits that may have been earned by the employee under this title.An employee who received retirement benefits under Subsection (6)(a) may sign an affidavit that:acknowledges the substantial substitute received by the employee under Subsection (6)(a); andirrevocably relinquishes service credit and retirement benefits that may have accrued to the employee under this title effective from the employee’s date of employment with the employer described in Subsection (6)(a) to the date of the employer’s election under Section 49-12-202 or 49-13-202.Nothing in this section shall be construed to diminish an employer’s right to recover past retirement benefits other than Social Security, paid to an employee or retiree, in error or under mistaken belief that the employer was not a participating employer.

(7) If the employer files with the office an irrevocable written relinquishment of service credit signed by the member or retiree: the office shall proportionally reduce any delinquent contributions, penalties, fees, or interest assessed against a participating employer in connection with a member or retiree described in Subsection (6)(a); andthe system has no liability to the employee for benefits relinquished under Subsection (6)(b).

Amended by Chapter 243, 2015 General Session

49-11-602 - Participating employer to maintain records — Time limit — Penalties for failure to comply.

(1) A participating employer shall:maintain records necessary to calculate benefits under this title and other records necessary for proper administration of this title as required by the office; andmaintain records that indicate whether an employee is receiving:a benefit under state or federal law that, under Subsection 49-Ch49_12|49-12-102](b)(vi) or (vii), is excluded from the definition of benefits normally provided for purposes of Chapter 12, Public Employees’ Contributory Retirement Act, Chapter 13, Public Employees’ Noncontributory Retirement Act, or Chapter 22, New Public Employees’ Tier II Contributory Retirement Act; ora benefit under a benefit package generally offered to similarly situated employees.

(2) A participating employer shall maintain all records necessary to support the participating employer’s reports and certifications required by Section 49-11-603.

(3) A participating employer shall maintain the records required under Subsections (1) and (2) until the earliest of:four years after the date of retirement of the employee from a system or plan;four years after the date of death of the employee; or65 years from the date of employment with the participating employer.

(4) A participating employer shall be liable to the office for:any liabilities and expenses, including administrative expenses and the cost of increased benefits to members, resulting from the participating employer’s failure to maintain records under this section; anda penalty equal to 1% of the participating employer’s last month’s contributions.

(5) The executive director may waive all or any part of the interest, penalties, expenses, and fees if the executive director finds there were extenuating circumstances surrounding the participating employer’s failure to comply with this section.

(6) The office may estimate the length of service, compensation, or age of any member, if that information is not contained in the records.

(7) A participating employer shall enroll an employee, make reports, submit contributions, and provide other requested information electronically in a manner approved by the office.A participating employer shall treat any information provided electronically or otherwise by the office as subject to the confidentiality provisions of this title.

Amended by Chapter 72, 2025 General Session

49-11-603 - Participating employer to report and certify — Time limit — Penalties for failure to comply.

(1) As soon as administratively possible, but in no event later than 30 days after the end of each pay period, a participating employer shall report and certify to the office: the eligibility for service credit accrual of:each current employee;each new employee as the new employee begins employment; andany changes to eligibility for service credit accrual of each employee;the compensation of each current employee eligible for service credit; andother factors relating to the proper administration of this title as required by the executive director.

(2) Each participating employer shall submit the reports required under Subsection (1) in a format approved by the office.Each participating employer shall include in the reports a certification, for each employee, whether the employee is:an eligible employee who is accruing service credit;an ineligible employee who may not accrue service credit;a reemployed retiree; oran employee who is eligible for employer contributions to a defined contribution plan administered under this title.

(3) A participating employer shall be liable to the office for: any liabilities and expenses, including administrative expenses and the cost of increased benefits to employees, resulting from the participating employer’s failure to correctly report and certify records under this section;a penalty equal to the greater of:$250; or50% of the total contributions for the employees for the period of the reporting error; andattorney fees.

(5) The office may estimate the length of service, compensation, or age of any employee, if that information is not contained in the records.

Amended by Chapter 171, 2022 General Session

49-11-604 - Office audits of participating employers — Penalties for failure to comply.

(1) The office may perform an on-site compliance audit of a participating employer to determine compliance with reporting, contribution, and certification requirements under this title.The office or its independent auditor may perform an on-site compliance audit of a participating employer or request records to be provided by the participating employer, including records required to complete:audited financial statements;schedules of employer allocations and pension reporting in accordance with Governmental Accounting Standards Board statements; andservice organizational controls reports.The office may request records to be provided by the participating employer at the time of the audit.Audits shall be conducted at the sole discretion of the office after reasonable notice to the participating employer of at least five working days.The participating employer shall extract and provide records as requested by the office in an appropriate, organized, and usable format.Failure of a participating employer to allow access, provide records, or comply in any way with an office audit shall result in the participating employer being liable to the office for:any liabilities and expenses, including administrative expenses and travel expenses, resulting from the participating employer’s failure to comply with the audit; anda penalty equal to 1% of the participating employer’s last month’s contributions.

(2) If the audit reveals a participating employer’s failure to make contributions as required under Section 49-11-601, a failure to maintain records as required under Section 49-11-602, or a failure to correctly report or certify eligibility as required under Section 49-11-603, the participating employer shall be liable to the office for:any liability or expense, including an administrative expense or the cost of increased benefits to members, resulting from the participating employer’s failure to fully comply with the participating employer’s reporting, contribution, certification, or record keeping requirements under this title; anda penalty, not to exceed 50% of the participating employer’s total contributions for the time period of the error.

(3) If the audit reveals that an incorrect benefit has been paid by the office to a member, participant, alternate payee, or beneficiary due to a participating employer’s failure to comply with the requirements of Section 49-11-601, 49-11-602, or 49-11-603, in addition to the liabilities contained in Subsection (2), the participating employer shall be liable to the office for the following:the actuarial cost of correcting the incorrect benefit; andadministrative expenses.

Amended by Chapter 421, 2024 General Session

49-11-605 - Notification and correction of violations.

If a participating employer discovers that it has violated Section 49-11-601 , 49-11-602 , or 49-11-603 prior to the office becoming aware of the violation, notifies the office of the violation in writing, and corrects the violation within a period agreed to by the office, the penalties under those sections shall be waived.

Enacted by Chapter 250, 2002 General Session

49-11-606 - Full participation.

Except as provided in Sections 49-12-203 , 49-12-204 , 49-13-203 , 49-13-204 , 49-14-203 , and 49-15-203 , participating employers shall cover all employees eligible for service credit under this title.

Enacted by Chapter 250, 2002 General Session

49-11-607 - Determination of benefits — Errors in records or calculations — Correction of errors by the office.

(1) After the retirement date, which shall be set by a member in the member’s application for retirement, no alteration, addition, or cancellation of a benefit may be made except as provided in Subsections (2), (3), and (4) or other law.

(2) Errors in the records or in the calculations of the office which result in an incorrect benefit to any member, retiree, participant, covered individual, alternate payee, or beneficiary shall be corrected by the office if the correction results in a modification of the benefit amount of $5 or more.Future payments shall be made to any member, retiree, participant, covered individual, alternate payee, or beneficiary to:pay the benefit to which the member or beneficiary was entitled; orrecover any overpayment.

(3) Errors in the records or calculation of a participating employer which result in an incorrect benefit to a member, retiree, participant, covered individual, alternate payee, or beneficiary shall be corrected by the participating employer.If insufficient employer contributions have been received by the office, the participating employer shall pay any delinquent employer contributions, plus interest under Section 49-11-503, required by the office to maintain the system, plan, or program affected on an actuarially sound basis.If excess contributions have been received by the office, the contributions shall be refunded to the participating employer or member which paid the contributions.

(4) If a dispute exists between a participating employer and a member or the office and a member at the time of the member’s retirement which will affect the member’s benefit calculation, and notice of the dispute is given to the office prior to the calculation of a member’s benefit, the benefit may be paid based on the member’s retirement date and the records available and then recalculated upon settlement of the dispute.

Amended by Chapter 31, 2019 General Session

49-11-608 - False statements or records — Unlawfully cashing benefit checks — Unlawfully obtaining or appropriating benefit payments.

(1) A person who knowingly makes any false statement, or who falsifies or permits to be falsified any record necessary for carrying out the intent of this title is in violation of Section 76-6-504.

(2) A person cashing a benefit check to which that person is not entitled is in violation of Section 76-6-501.

(3) A person who obtains a benefit payment, including a direct deposit or electronic benefit payment, to which that person is not entitled and who fails to take reasonable measures to return the benefit payment to the office is in violation of Section 76-6-407.

(4) A person who appropriates property or a benefit of another person, including a direct deposit or electronic benefit payment, by obtaining or exercising unauthorized control over the property or the benefit is in violation of Section 76-6-407.

Amended by Chapter 193, 2021 General Session

49-11-609 - Beneficiary designations — Revocation of beneficiary designation — Procedure — Beneficiary not designated — Payment to survivors in order established under the Uniform Probate Code — Restrictions on payment — Payment of deceased’s expenses.

(1) As used in this section, “member” includes a member, retiree, participant, covered individual, eligible employee as defined in Section 49-21-102, a spouse of a retiree participating in the insurance benefits created by Sections 49-12-404, 49-13-404, 49-22-307, and 49-23-306, or an alternate payee under a domestic relations order dividing a defined contribution account.

(2) Except as provided under Subsection (2)(b) or (c), the most recent beneficiary designations signed by the member and filed with the office, including electronic records, at the time of the member’s death are binding in the payment of any benefits due under this title.The divorce or annulment of a member’s marriage shall revoke the member’s former spouse as a beneficiary from any of the member’s beneficiary designations.A revocation of a former spouse as a beneficiary in accordance with Subsection (2)(b)(i) does not revoke any other beneficiaries named on the member’s beneficiary designations.A former spouse whose beneficiary designation is revoked solely under Subsection (2)(b) shall be revived on the member’s beneficiary designations by:the member’s remarriage to the former spouse; ora nullification of the divorce or annulment.A revocation under Subsection (2)(b) does not apply to a former spouse named as a beneficiary in a beneficiary designation signed by the member and filed with the office after the date of the divorce or annulment.The office is not liable for having made a payment of any benefits to a beneficiary designated in a beneficiary designation affected by a divorce, annulment, or remarriage before the office received written notice of the divorce, annulment, or remarriage.

(3) Except where an optional continuing benefit is chosen, or the law makes a specific benefit designation to a dependent spouse, a member may revoke a beneficiary designation at any time and may execute and file a different beneficiary designation with the office.A beneficiary designation or change of beneficiary designation shall be completed on forms provided by the office.

(4) All benefits payable by the office may be paid or applied to the benefit of the decedent’s heirs in the order of precedence established under Title 75, Chapter 2, Intestate Succession and Wills, if:no beneficiary is designated or if all designated beneficiaries have predeceased the member;the location of the beneficiary or secondary beneficiaries cannot be ascertained by the office within 12 months of the date a reasonable attempt is made by the office to locate the beneficiaries; orthe beneficiary has not completed the forms necessary to pay the benefits within six months of the date that beneficiary forms are sent to the beneficiary’s last-known address.A payment may not be made to a person included in any of the groups referred to in Subsection (4)(a) if at the date of payment there is a living person in any of the groups preceding it.Payment to a person in any group may be based upon receipt of an affidavit in a form satisfactory to the office that:there are no living individuals in the group preceding it;the probate of the estate of the deceased has not been commenced; andmore than 30 days have elapsed since the date of death of the decedent.

(5) Benefits paid under this section shall be:a full satisfaction and discharge of all claims for benefits under this title; andpayable by reason of the death of the decedent.

Amended by Chapter 66, 2025 General Session

49-11-610 - Benefits payable in name of beneficiary — Delivery.

(1) Any benefits payable to a beneficiary shall be made in the name of and delivered to the beneficiary or the lawfully appointed guardian or conservator of the beneficiary, or delivered as otherwise ordered by a court of competent jurisdiction under Title 75, Utah Uniform Probate Code.If the benefit involves a payment not to exceed an amount authorized by the Utah Uniform Probate Code to any one beneficiary, the office may, without the appointment of a guardian or conservator or the giving of a bond, pay the amount due to the beneficiary or to the persons assuming their support.The payment shall be in either a lump sum or in monthly amounts.The total of the payments made under this section shall fully discharge and release the office from any further claims.

(2) A beneficiary who qualifies for a monthly benefit under this section shall apply in writing to the office.

(3) The allowance shall begin on the first day of the month following the month in which the: member or participant died, if the application is received by the office within 90 days of the date of death of the member or participant; orapplication is received by the office, if the application is received by the office more than 90 days after the date of death of the member or participant.

Amended by Chapter 15, 2014 General Session

49-11-611 - Benefits and money in the fund exempt from taxation — Exceptions.

(1) Except as provided under Subsection (2), the benefits accrued or paid to any beneficiary of any system or plan administered by the board and the contributions, money, securities, and other assets in the funds created by this title are exempt from any state, county, or municipal tax.

(2) An allowance, a refund of member contributions, or other benefits that are subject to federal income tax, which is received by a member, retiree, alternate payee, participant, or beneficiary of any system or plan administered by the board and which has not been taxed is subject to Title 59, Chapter 10, Individual Income Tax Act.

Renumbered and Amended by Chapter 250, 2002 General Session

49-11-612 - Domestic relations order benefits — Nonassignability of benefits or payments — Exemption from legal process.

(2) Except as provided in Subsections (3), (4), and (5), the right of any member, retiree, participant, covered individual, or beneficiary to any retirement benefit, retirement payment, or any other retirement right accrued or accruing under this title and the assets of the funds created by this title are not subject to alienation or assignment by the member, retiree, participant, or their beneficiaries and are not subject to attachment, execution, garnishment, or any other legal or equitable process.

(3) The office may, upon the request of the retiree, deduct from the retiree’s allowance, insurance premiums or other dues payable on behalf of the retiree, but only to those entities that have received the deductions prior to February 1, 2002.The office may, upon the request of a retiree of a public safety or firefighter system, deduct insurance premiums from the retiree’s allowance or defined contribution plan administered by the board.

(4) The office shall provide for the division of domestic relations order benefits with former spouses and family members under an order of a court of competent jurisdiction with respect to domestic relations matters on file with the office.The court order shall specify the manner in which the domestic relations order benefits shall be partitioned, whether as a fixed amount or as a percentage of the benefit.Domestic relations order benefits split under a domestic relations order are subject to the following:the amount to be paid or the period for which payments shall be made under the original domestic relations order may not be altered if the alteration affects the actuarial calculation of the allowance;payments to an alternate payee shall begin at the time the member or beneficiary begins receiving payments; andthe alternate payee shall receive payments in the same form as allowances received by the member or beneficiary.Except as provided under Subsection (4)(d)(ii), to be valid, a court order under this section must be on file with the office before the member’s date of death.A court order under this section received by the office after the member’s date of death shall be considered valid if it is received in good order before benefits relating to the member’s death are paid or settled.A court order under this section may not require and may not be interpreted in any way to require the office to provide any type of benefit or any option not otherwise provided under this title.

(5) In accordance with federal law, the board may deduct the required amount from any benefit, payment, or other right accrued or accruing to any member or beneficiary of a system, plan, or program under this title to offset any amount that member or beneficiary owes to a system, plan, or program administered by the board.

(6) The board shall make rules to implement this section.

Amended by Chapter 24, 2020 General Session

49-11-613 - Appeals procedure — Right of appeal to hearing officer — Board reconsideration — Judicial review — Docketing abstract of final administrative order.

(1) A member, retiree, participant, alternative payee, covered individual, employer, participating employer, and covered employer shall inform themselves of their benefits, rights, obligations, and employment rights under this title.Subject to Subsection (8), any dispute regarding a benefit, right, obligation, or employment right under this title is subject to the procedures provided under this section.A person who disputes a benefit, right, obligation, or employment right under this title shall request a ruling by the executive director who may delegate the decision to the deputy director.A request for a ruling to the executive director under this section shall constitute the initiation of an action for purposes of the limitations periods described in Section 49-11-613.5.A person who is dissatisfied by a ruling under Subsection (1)(c) with respect to any benefit, right, obligation, or employment right under this title may request a review of that claim by a hearing officer within the time period described in Section 49-11-613.5.The executive director, on behalf of the board, may request that the hearing officer review a dispute regarding any benefit, right, obligation, or employment right under this title by filing a notice of board action and providing notice to all affected parties in accordance with rules adopted by the board.The filing of a notice of board action shall constitute the initiation of an action for purposes of the limitations periods described in Section 49-11-613.5.

(2) The hearing officer shall:be hired by the executive director after consultation with the board;follow and enforce the procedures and requirements of:this title;the rules adopted by the board in accordance with Subsection (10); andTitle 63G, Chapter 4, Administrative Procedures Act, except as specifically modified under this title or the rules adopted by the board in accordance with Subsection (10);hear and determine all facts relevant to a decision, including facts pertaining to applications for benefits under any system, plan, or program under this title and all matters pertaining to the administration of the office; andmake conclusions of law in determining the person’s rights under any system, plan, or program under this title and matters pertaining to the administration of the office.

(3) The board shall review and approve or deny all final orders and judgments of the hearing officer in accordance with rules adopted by the board in accordance with Subsection (10).

(4) The moving party in any proceeding brought under this section shall bear the burden of proof.

(5) A party may file an application for reconsideration by the board upon any of the following grounds:that the board acted in excess of the board’s powers;that the order or the award was procured by fraud;that the evidence does not justify the determination of the hearing officer; orthat the party has discovered new material evidence that could not, with reasonable diligence, have been discovered or procured prior to the hearing.

(6) The board shall affirm, reverse, or modify the final order or judgment of the hearing officer, or remand the application to the hearing officer for further consideration.

(7) A party aggrieved by the board’s final decision under Subsection (6) may obtain judicial review by complying with the procedures and requirements of:this title;rules adopted by the board in accordance with Subsection (10); andTitle 63G, Chapter 4, Administrative Procedures Act, except as specifically modified under this title or the rules adopted by the board in accordance with Subsection (10).

(8) The program shall provide an appeals process for medical claims that complies with federal law.

(9) Any interested party may file, in a district court of any county in the state, an abstract of a final administrative order approved by the board in accordance with this section.Upon receiving the filing of an abstract, the clerk of the district court shall:docket the abstract; andnote the date of the abstract’s receipt on the abstract and in the docket.From the day on which an interested party files the abstract with a district court, the final administrative order approved by the board is a lien upon the real property of the obligor situated in that county.Unless satisfied, the lien is for a period of eight years after the day on which the board approves the final administrative order.The final administrative order approved by the board fixing the liability of the obligor has the same effect as any other money judgment entered by a district court.Except as provided in Subsection (9)(d)(ii), an attachment, a garnishment, or an execution on a judgment included in or accruing under a final administrative order approved by the board and filed and docketed in accordance with Subsection (9)(a) has the same manner and same effect as an attachment, a garnishment, or an execution on a judgment of a district court.A writ of garnishment on earnings continues to operate, and to require the garnishee to withhold the nonexempt portion of earnings at each succeeding earnings disbursement interval, until the office or a court releases the writ of garnishment in writing.The lien and enforcement remedies provided by this section are in addition to any other lien or remedy provided by law.A party may bring an action upon a final administrative order approved by the board within eight years after the day on which the board approves the final administrative order.A final administrative order may be renewed administratively by complying with the procedures and requirements provided in rule adopted by the board in accordance with Subsection (10).

(10) The board shall make rules to implement this section and to establish procedures and requirements for adjudicative proceedings.The rules shall be substantially similar to or incorporate provisions of the Utah Rules of Civil Procedure, the Utah Rules of Evidence, and Title 63G, Chapter 4, Administrative Procedures Act.

Amended by Chapter 421, 2024 General Session

49-11-613.5 - Limitation of actions — Cause of action.

.5(1) Subject to the procedures provided in Section 49-11-613 and except as provided in Subsection (3), a party may bring an action regarding a benefit, right, obligation, or employment right brought under this title within four years after the day on which the cause of action accrues.A person who is dissatisfied with an executive director’s ruling under Section 49-11-613 and who seeks a review of that claim by a hearing officer shall file a request for board action within 30 days after the day on which the executive director issues the ruling.

.5(2) A cause of action accrues under this title and the limitation period in this section runs from the day on which the aggrieved party became aware, or through the exercise of reasonable diligence should have become aware, of the facts giving rise to the cause of action, including when:a benefit, right, or employment right is or should have been granted;a payment is or should have been made; oran obligation is or should have been performed.If a claim involves a retirement service credit issue under this title:a cause of action specifically accrues at the time the requisite retirement contributions relating to that retirement service credit are paid or should have been paid to the office; andthe person is deemed to be on notice of the payment or nonpayment of those retirement contributions.

.5(3) If an aggrieved party fails to discover the facts giving rise to the cause of action due to misrepresentation, fraud, intentional nondisclosure, or other affirmative steps to conceal the cause of action, a limitation period prescribed in this section does not begin to run until the aggrieved party actually discovers the existence of the cause of action.

.5(4) The person claiming a benefit, right, obligation, or employment right arising under this title has the burden of bringing the action within the period prescribed in this section.

.5(5) Nothing in this section relieves a member, retiree, participant, alternative payee, covered individual, employer, participating employer, or covered employer of the obligations under this title.

.5(6) The office is not required to bring a claim on behalf of a member, retiree, participant, alternative payee, covered individual, employer, participating employer, or covered employer.

.5(7) A limitation period provided in this section does not apply to actions for which a specific limit is otherwise specified in this title or by contract, including master policies or other insurance contracts.For actions arising under this title, this section supersedes any applicable limitation period provided in Title 78B, Chapter 2, Statutes of Limitations.

Amended by Chapter 37, 2023 General Session

49-11-614 - Vesting on termination of system or plan.

If any system or the Utah Governors’ and Legislators’ Retirement Plan is terminated, the accrued benefits of each member in the terminated system or plan shall immediately become vested and nonforfeitable.

Renumbered and Amended by Chapter 250, 2002 General Session

49-11-615 - Election to grandfather — Applicability of provisions.

(1) Notwithstanding any other provision of this title, the allowance payable to any person who becomes a member of any system, administered by the board on or after January 1, 1990, may not exceed the limitation imposed by Section 415 of the Internal Revenue Code of 1986, as amended, which is incorporated by reference.

(2) This constitutes an election of the grandfather provision under Section 415(b)(10)(C) of the Internal Revenue Code.

Renumbered and Amended by Chapter 250, 2002 General Session

49-11-616 - Benefits information.

(1) The office shall provide written general information to each participating employer concerning benefits available under this title.

(2) A participating employer shall provide the information under Subsection (1) to each eligible employee:immediately upon termination of service, leave of absence, commencement of long-term disability benefits, or retirement; andin person or, if the employee is unavailable to receive the information in person, by mailing the information to the employee’s last known address.Each participating employer shall maintain the records necessary to demonstrate that the employer has provided the information outlined in Subsection (1) as required in Subsection (2)(a).The records shall be made available to the office upon request.

(3) The office shall provide each participating employer with a form to be signed by each employee to verify that the employee has been given in person the information required by this section.If an employer provides information under Subsection (1) by mail as provided in Subsection (2)(a)(ii), the employer shall:indicate on the form that the information was mailed to the employee and the address to which the information was mailed;maintain the records necessary to demonstrate that the employer complied with the requirements under this Subsection (3); andmake the records available to the office upon request.

Amended by Chapter 243, 2015 General Session

49-11-617 - Original documents.

(1) At the reasonable discretion of the office, any document relating to this title may be treated as an original, whether created by photocopy, facsimile, e-mail, electronic transmission, imaging, or other technology.

(2) The office may communicate with participating employers, members, beneficiaries, and others through electronic means as determined appropriate by the office.

Amended by Chapter 316, 2013 General Session

49-11-618 - Members and beneficiaries subject to chapter — Furnishing of information — Confidentiality of information.

(1) Every member, retiree, participant, covered individual, alternate payee, and beneficiary is subject to this chapter, rules made by the board or office, board actions, resolutions, policies, and procedures adopted under this title.Each member, retiree, participant, covered individual, alternate payee, and beneficiary shall furnish to the office any information required to carry out the purposes of this title.

(2) All data in the possession of the office is confidential, and may not be divulged by the office except as permitted by board action.All data in the possession of the office or divulged pursuant to board action shall be used for the sole purpose of carrying into effect the provisions of this title.

Renumbered and Amended by Chapter 250, 2002 General Session

49-11-619 - Permanent relinquishment of benefit — Procedure.

(1) Except for defined contribution plans authorized by this title, a member, retiree, or beneficiary may permanently relinquish a benefit under this title by signing an irrevocable written relinquishment.If the retiree has designated a beneficiary which is still living, the written relinquishment must be signed by both the retiree and the beneficiary.

(2) The value of the benefit permanently relinquished under Subsection (1) shall remain in the fund from which the benefit was relinquished and shall be used in the calculation of future contribution rates.

(3) A designated beneficiary may disclaim beneficiary status and the benefit shall then be payable first to any alternate designated beneficiary, then dispersed under Title 75, Chapter 2, Intestate Succession and Wills, as applicable.

(4) The office is not required to recognize or accept any written relinquishment that jeopardizes the tax qualified status of the systems, plans, or programs or otherwise violates federal law.

Amended by Chapter 252, 2008 General Session

49-11-620 - Closing the retirement account — Status of retirees and beneficiaries.

(1) The monthly benefit payable for the month a retiree, beneficiary, or alternate payee dies shall be a full monthly benefit and shall be payable to the estate of the deceased.

(2) If more than one year has elapsed since the death of a retiree whose designated beneficiary is deceased and whose account payable to the beneficiary amounts to $100 or less, the account shall be closed and further payment may not be made.

Enacted by Chapter 250, 2002 General Session

49-11-621 - Change in employer — Eligibility for retirement.

(1) If a participating employer is dissolved, consolidated, merged, or is structurally changed in any way, but similar services are provided by the same members after the change, the members may not be considered terminated for purposes of eligibility for retirement until the members actually terminate and are otherwise eligible for retirement.

(2) The board may adopt rules to implement this section.

Enacted by Chapter 116, 2005 General Session

49-11-622 - Subsidiaries or other companies owned by independent corporations — Participation — Withdrawal.

(1) Notwithstanding any other provision of this title, an independent corporation, as defined in Section 63E-1-102, which participates in a system or plan prior to July 1, 2006, and which owns a subsidiary, or other company may provide for the participation of employees with that system or plan as follows: the independent corporation shall determine a date that is no later than January 1, 2007, on which the independent corporation shall make an election under Subsection (2);an employee hired by the independent corporation and transferred to a subsidiary, or other company on or after the date set under Subsection (1)(a) may not participate in a system or plan; andthe independent corporation shall pay to the office any actuarial or administrative cost, determined by the office, to have arisen out of the transfer of the employees from the independent corporation.

(2) The independent corporation described under Subsection (1) shall elect to: continue its participation for all current employees covered by a system or plan and transferred to a subsidiary, or other company, as of the date set under Subsection (1)(a); orwithdraw from participation in all systems or plans for all employees covered by a system or plan and transferred to the subsidiary, or other company, as of the date set under Subsection (1)(a).

(3) If an independent corporation elects to continue participation under Subsection (2)(a), the independent corporation and the transferred employees shall continue to be subject to the laws and the rules governing the system or plan in which the employee participates, including the accrual of service credit and payment of contributions.

Enacted by Chapter 309, 2006 General Session

49-11-623 - Withdrawing entity — Participation election date — Withdrawal costs — Rulemaking.

(1) As used in this section, “withdrawing entity” means an entity that:participates in a system or plan under this title prior to July 1, 2014;provides mental health and substance abuse services for a county under Section 17-77-103;after beginning participation with a system or plan under this title, has modified its federal tax status to a nonprofit organization that qualifies under Section 501(c) of the Internal Revenue Code; andis not an institution of higher education as described in Section 53H-1-102.

(2) Notwithstanding any other provision of this title, a withdrawing entity may provide for the participation of its employees with that system or plan as follows:the withdrawing entity shall determine a date that is no later than January 1, 2017, on which the withdrawing entity shall make an election under Subsection (3); andsubject to the provisions of Subsection (6), the withdrawing entity shall pay to the office any reasonable actuarial and administrative costs determined by the office to have arisen out of an election made under this section, including an actuarially determined short-fall liability contribution and a contingency payment to provide financial protection to the remaining participating employers.

(3) The withdrawing entity described under Subsection (2) may elect to:continue its participation for all current employees of the withdrawing entity, who are covered by a system or plan as of the date set under Subsection (2)(a); andwithdraw from participation in all systems or plans for all persons initially entering employment with the withdrawing entity, beginning on the date set under Subsection (2)(a); orwithdraw from participation in all systems or plans for all current and future employees of the withdrawing entity, beginning on the date set under Subsection (2)(a).

(4) An election provided under Subsection (3):is a one-time election made no later than the date specified under Subsection (2)(a);shall be documented by a resolution adopted by the governing body of the withdrawing entity;is irrevocable; andapplies to the withdrawing entity as the employer and to all employees of the withdrawing entity.Notwithstanding an election made under Subsection (3), any eligibility for service credit earned by an employee under this title before the date specified under Subsection (2)(a) is not affected by this section.

(5) If a withdrawing entity elects to continue participation under Subsection (3), the withdrawing entity shall continue to be subject to the laws and the rules governing the system or plan in which an employee participates, including the accrual of service credit and payment of contributions.

(6) Before a withdrawing entity may withdraw under this section, the withdrawing entity and the office shall enter into an agreement on:the costs described under Subsection (2)(b); andarrangements for the payment of the costs described under Subsection (2)(b).

(7) The board shall make rules to implement this section.

Amended by Chapter 16, 2025 Special Session 1

49-11-624 - Withdrawing entity — Participation election date — Withdrawal costs — Rulemaking.

(1) As used in this section, “withdrawing entity” means the mutual corporation that is the successor to the quasi-public corporation created under Chapter 33, Workers’ Compensation Fund, which is the chapter repealed by Laws of Utah 2017, Chapter 363.

(2) Notwithstanding any other provision of this title, a withdrawing entity may provide for the participation of its employees with that system or plan as follows: the withdrawing entity shall determine a date that is no later than January 1, 2018, on which the withdrawing entity shall make an election under Subsection (3); andsubject to Subsection (6), the withdrawing entity shall pay to the office any reasonable actuarial and administrative costs determined by the office to have arisen out of an election made under this section.

(3) The withdrawing entity described under Subsection (2) may elect to: continue its participation for all current employees of the withdrawing entity, who are covered by a system or plan as of the date set under Subsection (2)(a); andwithdraw from participation in all systems or plans for all persons initially entering employment with the withdrawing entity, beginning on the date set under Subsection (2)(a); orwithdraw from participation in all systems or plans for all current and future employees of the withdrawing entity, beginning on the date set under Subsection (2)(a).

(6) Before a withdrawing entity may withdraw under this section, the withdrawing entity and the office shall enter into an agreement on: the costs described under Subsection (2)(b); andarrangements for the payment of the costs described under Subsection (2)(b).

(7) The board shall make rules to implement this section.

Revisor instructions Chapter 273, 2018 General Session

49-11-625 - Withdrawing independent entity — Participation election date — Withdrawal costs — Rulemaking.

(1) As used in this section, “withdrawing entity” means an entity that: participates in a system or plan under this title before January 1, 2021;is an independent entity listed under Subsection 63E-1-102(4)(b); andafter beginning participation with a system or plan under this title, has restructured the entity’s business operations and employment of employees under contract through a regional, multi-state partnership.

(2) A withdrawing entity may elect to withdraw from participation in all systems or plans for all current and future employees of the withdrawing entity, beginning on the date set in accordance with Subsection (3)(a).

(3) Notwithstanding any other provision of this title, a withdrawing entity may provide for the participation of the withdrawing entity’s employees with the system or plan as follows: the withdrawing entity shall determine a date that is before July 1, 2022, on which the withdrawing entity shall make an election under Subsection (2); andsubject to Subsection (6), the withdrawing entity shall pay to the office any reasonable actuarial and administrative costs determined by the office to have arisen out of an election made under this section.

(4) An election made under Subsection (2):shall be made on or before the date specified under Subsection (3)(a);shall be documented by a resolution adopted by the governing body of the withdrawing entity;remains in effect unless and until the withdrawing entity again becomes a participating entity with the office in accordance with Subsection (5); andapplies to a withdrawing entity as the employer and to all employees of the withdrawing entity.Notwithstanding an election made under Subsection (2), any eligibility for service credit earned by an employee under this title before the date specified under Subsection (3)(a) is not affected by this section.Notwithstanding any other provision of this title, a withdrawing entity that makes an election under Subsection (2) may provide or participate in any type of public or private retirement for the withdrawing entity’s employees.

(5) After the withdrawal and subject to the laws and rules governing participating employer admission, the withdrawing entity may elect, by resolution of the withdrawing entity’s governing body, to resume participation with the office and apply for admission as a participating employer in a system or plan under this title.

(6) Before a withdrawing entity may withdraw under this section, the withdrawing entity and the office shall enter into an agreement on: the costs described in Subsection (3)(b); andarrangements for the payment of the costs described in Subsection (3)(b).

(7) The board shall make rules to implement this section.

Enacted by Chapter 193, 2021 General Session

49-11-626 - Withdrawing entity — Participation election date — Withdrawal costs — Rulemaking.

(1) As used in this section, “withdrawing entity” means an entity that:participates in a system or plan under this title before January 1, 2023; andis a public employees’ association;is an insurer that is subject to the disclosure requirements of Section 31A-4-113; orafter beginning participation with a system or plan under this title, has modified the entity’s federal tax status to a nonprofit organization that qualified under Section 501(c) of the Internal Revenue Code.

(2) Notwithstanding any other provision of this title, a withdrawing entity may provide for the participation of the withdrawing entity’s employees with that system or plan as follows:the withdrawing entity shall determine a date that is no later than July 1, 2028, on which the withdrawing entity shall make an election and complete withdrawal under Subsection (3);the withdrawing entity shall provide to the office notice of the withdrawing entity’s intent to enter into an agreement described in Subsection (2)(c);the withdrawing entity and the office may enter into an intent to withdraw agreement to document a good faith arrangement to complete a withdrawal under this section; andsubject to Subsection (6), the withdrawing entity shall pay to the office any reasonable actuarial and administrative costs determined by the office to have arisen out of an election made under this section, including an actuarially determined short-fall liability contribution and a contingency payment to provide financial protection to the remaining participating employers.

(3) The withdrawing entity may elect to:continue the withdrawing entity’s participation for all current employees of the withdrawing entity, who are covered by a system or plan on the date set under Subsection (2)(a); andwithdraw from participation in all systems and plans for all persons initially entering employment with the withdrawing entity, beginning on the date set under Subsection (2)(a); orwithdraw from participation in all systems or plans for all current and future employees of the withdrawing entity, beginning on the date set under Subsection (2)(a).

(4) An election made under Subsection (3):shall be made on or before the date specified under Subsection (2)(a);shall be documented by a resolution adopted by the governing body of the withdrawing entity;remains in effect unless and until the withdrawing entity again becomes a participating employer with the office in accordance with Subsection (5); andapplies to the withdrawing entity as the employer and to all employees of the withdrawing entity.Notwithstanding an election made under Subsection (3), any eligibility for service credit earned by an employee under this title before the date specified under Subsection (2)(a) is not affected by this section.Notwithstanding any other provision of this title, a withdrawing entity that makes an election under Subsection (3) may provide or participate in any type of public or private retirement for the withdrawing entity’s employees after the withdrawal.

(6) Before a withdrawing entity may withdraw under this section, the withdrawing entity and the office shall enter into an agreement on:the costs described under Subsection (2)(d); andarrangements for the payment of the costs described under Subsection (2)(d).

Amended by Chapter 72, 2025 General Session

Allowance Increase

49-11-701 - Allowance increase to offset tax liability — Administration.

(1) This section applies to members of any system administered by the board under this title, whose retirement allowance remained exempt from the tax imposed under Title 59, Chapter 10, Individual Income Tax Act, pursuant to Laws of Utah 1988, Chapter 195, Section 2, but whose allowance has subsequently become subject to that tax.

(2) Any member who meets the conditions established under Subsection (1) shall receive the following: the administrator shall calculate the member’s retirement allowance pursuant to the formula governing the system from which the member retired;the administrator shall then increase the allowance calculated under Subsection (2)(a) by 3%; andthe adjusted retirement allowance under Subsection (2)(b) is the new basis upon which any future adjustments to benefits are made.

(3) For all members who retire or are receiving retirement allowances in calendar year 1989, the administrator shall apply the 3% adjustment under Subsection (2) to all retirement allowances received in 1989, so that the period for which the allowance becomes subject to the tax under Title 59, Chapter 10, Individual Income Tax Act, and the period for which the 3% adjustment is given are the same.For all members who retire after December 31, 1989, and who meet the requirements of Subsection (1), the administrator shall apply the 3% adjustment under Subsection (2) beginning on the effective date of retirement.

(4) Any penalty or interest for underpayment of taxes under Title 59, Chapter 1, General Taxation Policies, or Chapter 10, Individual Income Tax Act, shall be waived for members whose noncompliance is attributable to Section 49-11-611 and this section. This only applies to tax year 1989.

(5) The administrator shall comply with Title 59, Chapter 10, Part 4, Withholding of Tax, with respect to withholding of taxes.

(6) The retirement board shall annually certify the contribution rate necessary for each system to comply with this section and may adopt rules to administer this section.This contribution rate shall be reported separately from the total contribution rate necessary to fund the systems on an actuarially sound basis and may not be used in comparative studies of public employee benefits.

Amended by Chapter 250, 2008 General Session

Defined Contribution Plans

49-11-801 - Defined contribution plans authorized — Subject to federal and state laws — Rules to implement this provision — Costs of administration — Limitations on eligibility — Protection of tax status.

(1) The board shall establish and administer defined contribution plans established under the Internal Revenue Code.Voluntary deferrals and nonelective contributions shall be permitted according to the provisions of these plans as established by the board.Except as provided in Subsections 49-22-303(2)(a), 49-22-401(3)(a), 49-23-302(2)(a), and 49-23-401(3)(a), the defined contribution account balance is vested in the participant.

(2) Voluntary deferrals and nonelective contributions shall be posted to the participant’s account.Except as provided in Subsections 49-22-303(3), 49-22-401(4), 49-23-302(3), and 49-23-401(4), participants may direct the investment of their account in the investment options established by the board and in accordance with federal and state law.

(3) The board may make rules and create plan documents to implement and administer this section.The board may adopt rules under which a participant may put money into a defined contribution plan as permitted by federal law.The office may reject any payments if the office determines the tax status of the systems, plans, or programs would be jeopardized by allowing the payment.Costs of administration shall be paid as established by the board.

(4) Voluntary deferrals and nonelective contributions may be invested separately or in conjunction with the Utah State Retirement Investment Fund.

(5) The board or office may take actions necessary to protect the tax qualified status of the systems, plans, and programs under its control, including the movement of individuals from defined contribution plans to defined benefit systems or the creation of excess benefit plans authorized by federal law.

(6) The office may, at its sole discretion, correct errors made in the administration of its defined contribution plans.

Amended by Chapter 258, 2015 General Session

49-11-802 - Permanent relinquishment of defined contribution benefit — Procedure.

A participant or designated beneficiary under a defined contribution plan may permanently relinquish the benefit by signing an irrevocable written relinquishment.

Enacted by Chapter 250, 2002 General Session

Insurance Premium Tax Revenues Distribution

49-11-901.5 - Premium tax revenues — Distribution.

.5(1) In accordance with this section there shall be paid to the office:50% of the annual tax levied, assessed, and collected under Title 59, Chapter 9, Taxation of Admitted Insurers, upon premiums for property insurance, as defined under Section 31A-1-301, and as applied to fire and allied lines insurance collected by insurance companies within the state; and10% of all money assessed and collected under Title 59, Chapter 9, Taxation of Admitted Insurers, upon premiums for life insurance, as defined in Section 31A-1-301, within the state.Payments to the fund shall be made annually until the service liability under this part is liquidated, after which the tax revenue provided in this Subsection (1) ceases.

.5(2) The office shall distribute the premium tax revenue paid under Subsection (1) as follows: an amount determined by the office to fully fund the long-term disability program provided for firefighters under Section 49-23-601;an amount determined by the office to the Firefighters’ Retirement Trust Fund created under Section 49-16-104 equal to the amount when calculated as a percentage of the certified contribution rate for members in Divisions A and B, as defined under Section 49-16-301, that is the percentage of the certified contribution rate paid to the Firefighters’ Retirement Trust Fund on July 1, 2004; andany remaining amount in accordance with Section 49-11-902.

Enacted by Chapter 290, 2011 General Session

49-11-902 - Premium tax revenues — Formula — Deposits.

(1) If the premium tax revenue received by the office under Subsection 49-11-901.5(1) and first paid in accordance with Subsections 49-11-901.5(2)(a) and (b), including any remaining amount, the office shall deposit the amount in the: Public Safety Contributory Trust Fund created under Section 49-14-104; andPublic Safety Noncontributory Retirement Trust Fund created under Section 49-15-104.

(2) The money deposited under this section shall be used to fund an increase for retirees in the public safety retirement systems from a 2.5% maximum annual cost-of-living adjustment to a 4% maximum annual cost-of-living adjustment under Sections 49-14-403 and 49-15-403 in the public safety retirement systems.

(3) As required to implement this section, the office shall make the calculations and deposits for the equitable apportionment of money between: Division A1 and B1; andthe contributory and noncontributory trust funds.

Amended by Chapter 290, 2011 General Session

(1) As used in this section: “Baseline period” means calendar years 2013, 2014, and 2015.”Premium tax receipts” means the money received by the office under Subsection 49-11-901.5(1) and paid in accordance with Subsections 49-11-901.5(2)(a) and (b).”State appropriation” means the ongoing state appropriation from the General Fund to the Firefighters Retirement Fund that offsets the gross expense of the Firefighters’ Retirement System.

(2) The office shall make a determination for the Firefighters’ Retirement System, as recommended by the actuary and adopted by the executive director, as follows: determine for the baseline period:the average annual dollar amount of premium tax receipts;the average annual dollar amount of total employer contributions; andthe proportionate share of total dollar employer contributions funded by premium tax receipts for the baseline period, which is calculated as the average annual dollar amount of premium tax receipts divided by the average annual dollar amount of total employer contributions;determine for each calendar year, beginning after calendar year 2020, the proportionate share of total dollar employer contributions funded by the state appropriation, which is calculated as the dollar amount of the state appropriation divided by the total dollar employer contributions; andif the proportionate share for the year exceeds the proportionate share for the baseline period under Subsection (2)(a)(iii), recommend the actuarially determined dollar amount, if any, that the state appropriation may be reduced by in the future to maintain an equivalent proportionate share that is not expected to exceed the proportionate share for the baseline period.

(3) If the determination under Subsection (2)(c) results in recommending a reduction to the state appropriation, the office shall report the dollar amount of the recommended reduction to the governor and Legislature, which may be included in the annual report on contribution rates required under Subsection 49-11-203(1)(h).If the Legislature reduces the state appropriation, the board’s subsequent certified contribution rates for the Firefighters’ Retirement System shall include any additional member or employer contributions required to maintain the system on a financially and actuarially sound basis due to the reduced funding offset dollars.

(4) As required to implement this section, the office may make the determinations using actuarial assumptions and methods adopted by the board.

Amended by Chapter 451, 2022 General Session

Partial Lump-Sum Payments

49-11-1001 - Partial lump-sum payment option.

(1) Except as provided in Subsection (5), at the time of application for retirement, a member may elect to receive a lump-sum payment of a portion of the member’s retirement allowance equal to 12 or 24 months of the member’s allowance to be paid upon retirement.

(2) The member’s allowance shall be reduced to reflect the actuarial value of the lump-sum received under Subsection (1).

(3) A member who has received a lump-sum payment under this section is not eligible for another lump-sum payment under this section.

(4) The board may make rules to implement this section.

(5) A member or participant of a system or plan under Chapter 22, New Public Employees’ Tier II Contributory Retirement Act, or Chapter 23, New Public Safety and Firefighter Tier II Contributory Retirement Act, is not eligible to make an election under this section.

Amended by Chapter 266, 2010 General Session

Public Information Disclosure

49-11-1101 - Public financial information disclosure on website — Exclusions.

(1) The office shall provide the following financial information for the public on its website: administrative expense transactions from its general ledger accounting system; andemployee compensation information by individual employee at least annually.

(2) For purposes of this part, the office is not required to provide other information for public access on its website, if the disclosure of the information would conflict with the fiduciary obligations of the board, including: revenue transactions; andmember and participant information.

Amended by Chapter 281, 2016 General Session

49-11-1102 - Public notice of administrative board meetings — Posting on Utah Public Notice Website.

(1) The office shall provide advance public notice of meetings and agendas on the Utah Public Notice Website established in Section 63A-16-601 for administrative board meetings.

(2) The office may post other public materials, as directed by the board, on the Utah Public Notice Website.

Amended by Chapter 84, 2021 General Session

49-11-1103 - Public information requests.

The office shall establish, in policy, time limits to respond to public information requests.

Enacted by Chapter 281, 2016 General Session

Postretirement Reemployment Restrictions Act

49-11-1201 - Title.

This part is known as the “Postretirement Reemployment Restrictions Act.”

Enacted by Chapter 310, 2016 General Session

49-11-1202 - Definitions.

As used in this part:

(1) “Affiliated emergency services worker” means an individual who:is employed by a participating employer;performs emergency services for another participating employer that is a different agency;is trained in techniques and skills required for the emergency service;continues to receive regular training required for the service;is on the rolls as a trained affiliated emergency services worker of the participating employer; andprovides 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.”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:permanent separation from employment or a fee-for-service relationship with any participating employer; andseparation 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:serves in a position:as a member of a board, commission, council, committee, panel, or other body of a participating employer; andthat is designated in the participating employer’s governing statute, charter, creation document, or similar document;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;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; andretires 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:Chapter 12, Public Employees’ Contributory Retirement Act;Chapter 13, Public Employees’ Noncontributory Retirement Act; orChapter 22, Part 3, Tier II Hybrid Retirement System.

(7) “Public safety or firefighter retiree” means a retiree who retires under:Chapter 14, Public Safety Contributory Retirement Act;Chapter 15, Public Safety Noncontributory Retirement Act;Chapter 16, Firefighters’ Retirement Act; orChapter 23, Part 3, Tier II Hybrid Retirement System.

(8) “Reemployed,” “reemploy,” or “reemployment” means work or service performed for a participating employer after retirement, in exchange for compensation.”Reemployed,” “reemploy,” or “reemployment” includes work or service performed on a contract for a participating employer if the retiree is:listed as the contractor; oran owner, partner, or principal of the contractor.

(9) “Retiree”means an individual who:retired from a participating employer; andbegins reemployment on or after July 1, 2010, with a participating employer.”Retiree” does not include an individual:who was reemployed by a participating employer before July 1, 2010; andwhose 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; orwho is working under a phased retirement agreement in accordance with Chapter 11, Part 13, Phased Retirement.

Amended by Chapter 405, 2024 General Session

49-11-1203 - Applicability.

(1) This part does not apply to employment as an elected official if the elected official’s position is not full time as certified by the participating employer.The provisions of this part apply to an elected official whose elected position is full time as certified by the participating employer.

(2) This part does not apply to employment as a part-time appointed board member who does not receive any remuneration, stipend, or other benefit for the part-time appointed board member’s service.For purposes of this Subsection (2), remuneration, stipend, or other benefit does not include receipt of per diem and travel expenses up to the amounts established by the Division of Finance in:Section 63A-3-106;Section 63A-3-107; andrules made by the Division of Finance according to Sections 63A-3-106 and 63A-3-107.

(3) This part does not apply to a person who is reemployed as an active senior judge or an active senior justice court judge as described by Utah State Court Rules, appointed to hear cases by the Utah Supreme Court in accordance with Article VIII, Section 4, Utah Constitution.

(4) An exemption under this section from the provisions of this part is available only for a member who, at the time of retirement, is at least: 50 years old, if the member is retiring from a public safety system or firefighter retirement system; or55 years old.

Amended by Chapter 449, 2020 General Session

49-11-1204 - General restrictions — Election following one-year separation — Amortization rate.

(1) A retiree may not for the same period of reemployment:earn additional service credit; orreceive any retirement related contribution from a participating employer; andreceive a retirement allowance.

(2) Except as provided under Section 49-11-1205, the office shall cancel the retirement allowance of a retiree if the reemployment with a participating employer begins within one year of the retiree’s retirement date.If the office cancels the retiree’s retirement allowance under Subsection (2)(a), the retiree may be eligible to earn additional service credit in the reemployed position and receive an allowance in accordance with Subsections (4)(a) and (5) and other provisions of this title.

(3) If a reemployed retiree, in accordance with Subsection (2)(a), is exempt from having the allowance cancelled, including for completing the one-year separation from employment with a participating employer, the retiree may elect to:cancel the retiree’s retirement allowance and instead earn additional service credit in the reemployed position and receive an allowance in accordance with Subsections (4)(a) and (5) and other provisions of this title; orcontinue to receive the retiree’s retirement allowance, not earn additional service credit, and not receive any retirement-related contribution from the participating employer that reemployed the retiree.

(4) If a retiree’s retirement allowance is cancelled and the retiree is eligible for retirement coverage in a reemployed position, the office shall reinstate the retiree to active member status on the first day of the month following the date of the employee’s eligible reemployment.Except as provided under Subsection (4)(c), if the retiree is not otherwise eligible for retirement coverage in the reemployed position, the participating employer that reemploys the retiree shall contribute the amortization rate to the office on behalf of the retiree.A participating employer that reemploys a retiree in accordance with Subsection 49-Ch49_11|49-11-1205] is not required to contribute the amortization rate to the office.

(5) For a retiree reinstated to active member status under Subsection (4)(a) who retires within two years from the date of reemployment, the office:may not recalculate a retirement benefit for the retiree; andshall resume the allowance that was being paid to the retiree at the time of the cancellation.Subject to Subsection (1), for a retiree who is reinstated to active membership under Subsection (4)(a) and retires two or more years after the date of reinstatement to active membership, the office shall:resume the allowance that was being paid at the time of cancellation; andcalculate an additional allowance for the retiree based on the formula in effect at the date of the subsequent retirement for all service credit accrued between the first and subsequent retirement dates.

Amended by Chapter 405, 2024 General Session

49-11-1205 - Postretirement reemployment restriction exceptions.

(1) The office may not cancel the retirement allowance of a retiree who is reemployed with a participating employer within one year of the retiree’s retirement date if:the retiree is not reemployed by a participating employer for a period of at least 60 days from the retiree’s retirement date;the retiree has a bona fide termination of employment on the retiree’s retirement date;upon reemployment after the break in service under Subsection (1)(a)(i), the retiree does not receive any employer paid benefits, including:retirement service credit or retirement-related contributions;medical benefits;dental benefits;other insurance benefits except for workers’ compensation as provided under Title 34A, Chapter 2, Workers’ Compensation Act, Title 34A, Chapter 3, Utah Occupational Disease Act, and withholdings required by federal or state law for social security, Medicare, and unemployment insurance; orpaid time off, including sick, annual, or other type of leave; andthe retiree does not earn in any calendar year of reemployment an amount in excess of the lesser of $15,000 or one-half of the retiree’s final average salary upon which the retiree’s retirement allowance is based; orthe retiree is reemployed as a judge as defined under Section 78A-11-102.The board shall adjust the amounts under Subsection (1)(a)(iv) by the annual change in the Consumer Price Index during the previous calendar year as measured by a United States Bureau of Labor Statistics Consumer Price Index average as determined by the board.

(2) A retiree shall be considered as having completed the one-year separation from employment with a participating employer described in Section 49-11-1204, if the retiree:before retiring:was employed with a participating employer as a public safety service employee as defined in Section 49-14-102, 49-15-102, or 49-23-102;during the employment under Subsection (2)(a)(i), suffered a physical injury resulting from external force or violence while performing the duties of the employment, for which injury the retiree would have been approved for total disability in accordance with the provisions under Chapter 21, Public Employees’ Long-Term Disability Act, if years of service are not considered;had less than 30 years of service credit but had sufficient service credit to retire, with an unreduced allowance making the public safety service employee ineligible for long-term disability payments under Chapter 21, Public Employees’ Long-Term Disability Act, or a substantially similar long-term disability program;does not receive any long-term disability benefits from any participating employer; andis at least 50 years old; andis reemployed by a different participating employer.

(3) The office may not cancel the retirement allowance of a retiree who is employed as an affiliated emergency services worker within one year of the retiree’s retirement date if the affiliated emergency services worker does not receive any compensation, except for:compensation, including any payment, discount, tax credit, voucher, or cash equivalent, the total of which, excluding any amount described in Subsection (3)(a)(ii) or (iii), does not exceed in any calendar year the amount described in Subsection (1)(a)(iv)(A), as adjusted in accordance with Subsection (1)(b);insurance policy premiums paid by the participating employer in the event of death of an affiliated emergency services worker or a line-of-duty accidental death or disability; orreimbursement of expenses incurred in the performance of duties.A retiree is eligible for an exemption from the requirement to cease service without cancellation of a retirement allowance under this Subsection (3) only if the retiree, at the time of retirement, is at least:50 years old, if the retiree is retiring from a public safety system or a firefighter system; or55 years old.

(4) The office may not cancel the retirement allowance of a retiree who is employed as a part-time appointed or elected board member within one year after the retiree’s retirement date if the part-time appointed or elected board member does not receive any compensation exceeding the amount described in this Subsection (4).A retiree who is a part-time appointed or elected board member for one or more boards, commissions, councils, committees, panels, or other bodies of participating employers:may receive an aggregate amount of compensation, remuneration, a stipend, or other benefit for service on a single or multiple boards, commissions, councils, committees, panels, or other bodies of no more than $5,000 per year; andmay not receive an employer paid retirement service credit or retirement-related contribution.For purposes of Subsection (4)(b)(i):a part-time appointed or elected board member’s compensation includes:an amount paid for the part-time appointed or elected board member’s coverage in a group insurance plan provided by the participating employer; andthe part-time appointed or elected board member’s receipt of any other benefit provided by the participating employer; andthe part-time appointed or elected board member’s compensation does not include:an amount the participating employer pays for employer-matching employment taxes, if the participating employer treats the part-time appointed or elected board member as an employee for federal tax purposes; oran amount that the part-time appointed or elected board member receives for per diem and travel expenses for up to 12 approved meetings or activities of the government board per year, if the per diem and travel expenses do not exceed the amounts established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 or by rules made by the Division of Finance according to Sections 63A-3-106 and 63A-3-107.The board shall adjust the amount under Subsection (4)(b)(i) by the annual change in the Consumer Price Index during the previous calendar year as measured by a United States Bureau of Labor Statistics Consumer Price Index average, as determined by the board.

(5) The office may not cancel the retirement allowance of a retiree who is reemployed with a participating employer within one year of the retiree’s retirement date if:the retiree has a bona fide termination of employment on the retiree’s retirement date;the retiree is not employed, including by a fee-for-service relationship, with any participating employer for a period of:at least 90 days if the retiree is a public employee retiree; orat least 90 days if the retiree is a public safety or firefighter retiree;the retiree agrees to a modified retirement allowance as described in Subsections (5)(b), (c), and (d); andthe participating employer that reemploys the retiree agrees to pay to the office the normal cost rate in addition to the amortization rate.During a period of reemployment, the retiree:receives a retirement allowance that is 20% less than the retirement allowance the retiree is entitled to receive in accordance with:for a retiree who retired under Chapter 12, Public Employees’ Contributory Retirement Act, Section 49-12-402;for a retiree who retired under Chapter 13, Public Employees’ Noncontributory Retirement Act, Section 49-13-402; orfor a retiree who retired under Chapter 22, Part 3, Tier II Hybrid Retirement System, Section 49-22-305; ora retirement allowance that is 15% less than the retirement allowance the retiree is entitled to receive in accordance with:for a retiree who retired under Chapter 14, Public Safety Contributory Retirement Act, Section 49-14-402;for a retiree who retired under Chapter 15, Public Safety Noncontributory Retirement Act, Section 49-15-402;for a retiree who retired under Chapter 16, Firefighters’ Retirement Act, Section 49-16-402; orfor a retiree who retired under Chapter 23, Part 3, Tier II Hybrid Retirement System, Section 49-23-304.During the period of reemployment, the retiree does not receive the annual cost-of-living adjustment described in:for a retiree who retired under Chapter 12, Public Employees’ Contributory Retirement Act, Section 49-12-407;for a retiree who retired under Chapter 13, Public Employees’ Noncontributory Retirement Act, Section 49-13-407;for a retiree who retired under Chapter 14, Public Safety Contributory Retirement Act, Section 49-14-403;for a retiree who retired under Chapter 15, Public Safety Noncontributory Retirement Act, Section 49-15-403;for a retiree who retired under Chapter 16, Firefighters’ Retirement Act, Section 49-16-403;for a retiree who retired under Chapter 22, Part 3, Tier II Hybrid Retirement System, Section 49-22-308; orfor a retiree who retired under Chapter 23, Part 3, Tier II Hybrid Retirement System, Section 49-23-307.The office shall begin paying the retiree’s full retirement allowance on the first day of the month following the month in which the office receives written notification that the reemployed retiree has a subsequent retirement date based on a termination of the reemployment.For purposes of Subsection (5)(d)(i), the full retirement allowance includes the elimination of the allowance reduction described in Subsection (5)(b)(i) or (5)(b)(ii) and the annual cost-of-living adjustment that was prohibited under Subsection (5)(c) during the period of reemployment.A retiree may not receive the difference between the full retirement allowance and the reduced retirement allowance described in Subsection (5)(b)(i) or (5)(b)(ii) or the annual cost-of-living adjustment that the retiree would have received if the retiree had not been reemployed.

(6) If a retiree is reemployed under the provisions of Subsection (1) or (4), the termination date of the reemployment, as confirmed in writing by the participating employer, is considered the retiree’s retirement date for the purpose of calculating the separation requirement described in Section 49-11-1204.The office shall cancel the retirement allowance of a retiree for the remainder of the calendar year if the reemployment with a participating employer exceeds the limitation under Subsection (1)(a)(iv), (3)(a), or (4)(b).

(7) A retiree who is reemployed under the provisions of Subsection (5) may not subsequently be reemployed under Section 49-11-1204 unless the office cancels the retirement allowance during the subsequent reemployment.

Amended by Chapter 68, 2025 General Session

49-11-1206 - Notice of postretirement reemployment.

(1) A participating employer shall immediately notify the office:if the participating employer reemploys a retiree;whether the reemployment is subject to Section 49-11-1204 or Subsection 49-Ch49_11|49-11-1205], (2), (3), or (5); andof any election by the retiree under Section 49-11-1204.

(2) A participating employer shall certify to the office whether the position of an elected official is or is not full time.

(3) A retiree subject to this part shall report to the office the status of the reemployment under Section 49-11-1204 or 49-11-1205.

Amended by Chapter 405, 2024 General Session

49-11-1207 - Postretirement reemployment — Violations — Penalties.

(1) If the office receives notice or learns of the reemployment of a retiree in violation of Section 49-11-1204 or 49-11-1205, the office shall:immediately cancel the retiree’s retirement allowance;keep the retiree’s retirement allowance cancelled for the remainder of the calendar year if the reemployment with a participating employer exceeded the limitation under Subsection 49-Ch49_11|49-11-1205](a)(iv), (3)(b), or (4)(b); andrecover any overpayment resulting from the violation in accordance with the provisions of Section 49-11-607 before the allowance may be reinstated.Reinstatement of an allowance following cancellation for a violation under this section is subject to the procedures and provisions under Section 49-11-1204.

(2) If a retiree or participating employer failed to report reemployment in violation of Section 49-11-1206, the retiree, participating employer, or both, who are found to be responsible for the failure to report, are liable to the office for the amount of any overpayment resulting from the violation.

(3) A participating employer is liable to the office for a payment or failure to make a payment in violation of this part.

(4) If a participating employer fails to notify the office in accordance with Section 49-11-1206, the participating employer is immediately subject to a compliance audit by the office.

Amended by Chapter 405, 2024 General Session

49-11-1208 - Rulemaking.

The board may make rules to implement this part.

Enacted by Chapter 310, 2016 General Session

49-11-1209 - Reporting requirement.

(1) On or before October 1, 2027, and every other interim thereafter, the office shall report to the Retirement and Independent Entities Committee:the number of retirees who are reemployed and receiving a retirement allowance;the number of retirees described in Subsection (1)(a) who are public employee retirees and the number who are public safety or firefighter retirees;the average number of years of service credit before retirement for each type of retiree; andthe number of retirees who reemployed on or after July 1, 2025, and have subsequently retired.

(2) The office shall report the information described in Subsection (1) separately for retirees who reemploy under Section 49-11-1204 and Subsection 49-Ch49_11|49-11-1205].

Enacted by Chapter 405, 2024 General Session

Phased Retirement

49-11-1301 - Definitions.

As used in this part:

(1) “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 part-time position were considered to be an eligible, full-time position within that system.

(2) “Full-time” means a: regular full-time employee whose term of employment for a participating employer contemplates continued employment during a fiscal or calendar year and whose employment normally requires an average of 40 hours or more per week and who receives benefits normally provided by the participating employer;teacher whose term of employment for a participating employer contemplates continued employment during a school year and who teaches full time;firefighter service employee whose employment normally requires an average of 2,080 hours of regularly scheduled firefighter service per year; andpublic safety service employee whose employment normally requires an average of 2,080 hours of regularly scheduled public safety service per year.

(3) “Half-time” means: a regular employee whose term of employment for a participating employer contemplates continued employment during a fiscal or calendar year and whose employment normally requires an average of 20 hours per week and who receives benefits normally provided by the participating employer;a teacher whose term of employment for a participating employer contemplates continued employment during a school year and who teaches half time;a firefighter service employee whose employment normally requires an average of 1,040 hours of regularly scheduled firefighter service per year;a public safety service employee whose employment normally requires an average of 1,040 hours of regularly scheduled public safety service per year; andfor a retiree employed before retirement as a public safety service employee or a firefighter service employee in a position for which the participating employer established a regularly scheduled work period in excess of 2,080 hours per year, one-half of that regularly scheduled work period as long as the retiree has continuing employment in that same position.

(4) “Phased retirement” means continuing employment: on a half-time basis of a retiree with the same participating employer following the retiree’s retirement date while the retiree receives a reduced retirement allowance; oron a three-quarter time basis of a retiree with the same participating employer following the retiree’s retirement date while the retiree receives a reduced retirement allowance if the retiree is employed as a public safety service employee or a firefighter service employee.

(5) “Three-quarter time” means: a firefighter service employee whose employment normally requires an average of 1,560 hours of regularly scheduled firefighter service per year;a public safety service employee whose employment normally requires an average of 1,560 hours of regularly scheduled public safety service per year; andfor a retiree who was employed before retirement as a public safety service employee or a firefighter service employee in a position for which the participating employer established a regularly scheduled work period in excess of 2,080 hours per year, three quarters of that regularly scheduled work period as long as the retiree has continuing employment in that same position.

Amended by Chapter 98, 2020 General Session

49-11-1302 - Phased retirement — Voluntary participation — Employer duties.

A participating employer may elect to participate in phased retirement for a retiree who has not completed the one-year employment separation requirement under Section 49-11-1204 under the conditions established under this part, if the participating employer:

(1) establishes written policies and procedures for phased retirement that shall include provisions for: granting and denying a request for phased retirement;needed approvals within the participating employer;time limits or other restrictions;identifying positions that may be included or excluded; andthe elements of a written agreement described under Section 49-11-1304;

(2) enters into an agreement described under Section 49-11-1304;

(3) submits an application to the office for phased retirement on behalf of the parties of the agreement described under Section 49-11-1304; and

(4) complies with this part.

Enacted by Chapter 280, 2016 General Session

49-11-1303 - Phased retirement — Eligibility — Restrictions — Amortization rate — Public safety service or firefighter service employees.

(1) A retiree is eligible for employment with only one position for only one participating employer under phased retirement following the retiree’s retirement date if: the retiree:is eligible to retire and retires in accordance with this title;has been employed full time, for not less than four years immediately before the retiree’s retirement date;is, at the time of retirement, at least: 50 years old, if the retiree is employed as a public safety service employee or a firefighter service employee; or55 years old;completes and submits all required retirement forms to the office; andprior to the retiree’s retirement date, completes and submits all required phased retirement forms to the office; andthe retiree and the participating employer enter into an agreement described under Section 49-11-1304.

(2) A retiree shall begin phased retirement employment after the retiree’s retirement date but no later than 120 days after the retiree’s retirement date.

(3) Except as provided in Subsection (4), for the period of the phased retirement: the retiree receives 50% of the retiree’s monthly allowance;the participating employer employs the retiree on a half-time basis;a participating employer that employs the retiree shall contribute the amortization rate to the office;the retiree or an alternate payee may not receive an annual cost-of-living adjustment to the retiree’s or alternate payee’s allowance;any death benefits payable to a surviving spouse or other beneficiary shall be paid based on 100% of the retiree’s retirement allowance;the retiree may not receive any employer provided retirement benefits, service credit accruals, or any retirement related contributions from the participating employer; andexcept as specified under this section, a retiree working under phased retirement shall be treated in the same manner as any other part-time employee working a similar position and number of hours with the participating employer, including:any non-retirement related benefits;leave benefits;medical benefits; andother benefits.

(4) If a retiree is employed as a public safety service employee or a firefighter service employee, for the period of the phased retirement the requirements of Subsection (3) or (4)(b) are satisfied.For the period of the phased retirement:the retiree is employed as a public safety service employee or a firefighter service employee;the retiree receives 25% of the retiree’s monthly allowance;the participating employer employs the retiree on a three-quarter time basis;a participating employer that employs the retiree shall contribute to the office the certified contribution rate applicable to the system that would have covered the retiree if the retiree’s part-time position were considered to be an eligible, full-time position within the system;the retiree or an alternate payee may not receive an annual cost-of-living adjustment to the retiree’s or alternate payee’s allowance;any death benefits payable to a surviving spouse or other beneficiary shall be paid based on 100% of the retiree’s retirement allowance;the retiree may not receive any employer provided retirement benefits, service credit accruals, or any retirement related contributions from the participating employer; andexcept as specified under this section, a retiree working under phased retirement shall be treated in the same manner as any other part-time employee working a similar position and number of hours with the participating employer, including: any non-retirement related benefits;leave benefits;medical benefits; andother benefits.

(5) The office shall begin paying 100% of the retiree’s retirement allowance on the first day of the month following the month in which the office receives written notification and any required supporting documentation that the retiree’s phased retirement has been irrevocably terminated.

Amended by Chapter 193, 2021 General Session

49-11-1304 - Phased retirement agreements.

(1) The participating employer and a willing and eligible retiree shall enter into a written agreement to participate in phased retirement.

(2) The agreement shall specify the period of the phased retirement and, at the discretion of the agreeing parties, address: hours of work;job duties; andother arrangements related to the employment.

Enacted by Chapter 280, 2016 General Session

49-11-1305 - Reporting — Penalties.

(1) A participating employer shall, within five business days, notify the office if the participating employer enters a phased retirement agreement with a retiree.A participating employer shall report to the office any change in status of the phased retirement in accordance with rules established under Section 49-11-1308.If a participating employer fails to notify the office in accordance with this section, the participating employer is immediately subject to a compliance audit by the office.

(2) A retiree who has entered into phased retirement agreement under this section shall report to the office the phased retirement agreement in accordance with rules established under Section 49-11-1308.If the retiree fails to report to the office as required under this section, the office shall withhold one month’s allowance for each month the retiree fails to make the report, in a timely manner, required under Subsection (2)(a).

(3) If a retiree receives a retirement allowance or portion of a retirement allowance in error or in violation of this part: the office shall cancel the retiree’s retirement allowance; andthe office shall recover any overpayment in accordance with Section 49-11-607.

(4) If a retiree or participating employer violates this part, including a failure to report in accordance with this section, the retiree, participating employer, or both that are found to be responsible for the violation are liable to the office for the amount of any allowance overpayment, failure to make a required payment or contribution, or other amount needed to correct an error or incorrect benefit resulting from the violation.

Enacted by Chapter 280, 2016 General Session

49-11-1306 - Reset of one year separation.

If a retiree is employed under a phased retirement agreement under this part, the termination date of the phased retirement employment, as confirmed in writing by the participating employer, is considered the retiree’s retirement date for the purpose of calculating the separation requirement under Subsection 49-11-1204(2) .

Amended by Chapter 98, 2020 General Session

49-11-1307 - Phased retirement — Adjustments or termination.

(1) The Legislature may make adjustments to or terminate the phased retirement option created under this part, including: amending phased retirement eligibility, restrictions, scope, or duration provisions;closing phased retirement to additional retirees; orterminating phased retirement for all participating retirees.

(2) A participating employer and retiree enter into a phased retirement agreement subject to the adjustments or termination reserved in this section.

Enacted by Chapter 280, 2016 General Session

49-11-1308 - Rulemaking.

The board may make rules to implement this part.

Enacted by Chapter 280, 2016 General Session

Forfeiture of Retirement Benefits

(1) As used in this section: “Convicted” means a conviction by plea or by verdict, including a plea of guilty or a plea of no contest that is held in abeyance under Title 77, Chapter 2a, Pleas in Abeyance, regardless of whether the charge was, or is, subsequently reduced in accordance with the plea agreement or reduced or dismissed in accordance with the plea agreement or the plea in abeyance agreement.”Employee” means a member of a system or plan administered by the board.”Employment related offense” means a felony committed during employment or the term of an elected or appointed office with a participating employer that is: during the performance of the employee’s duties;within the scope of the employee’s employment; orunder color of the employee’s authority.”Employment related offense” does not include any federal offense for conduct that is lawful under Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis.

(2) Notwithstanding any other provision of this title, an employee shall forfeit accrual of service credit, employer retirement related contributions, including employer contributions to the employer sponsored defined contribution plans, or other retirement related benefits from a system or plan under this title in accordance with this section.The forfeiture of retirement related benefits under Subsection (2)(a) does not include the employee’s contribution to a defined contribution plan.

(3) An employee shall forfeit the benefits described under Subsection (2)(a): if the employee is convicted of an employment related offense;beginning on the day on which the employment related offense occurred; anduntil the employee is either:re-elected or reappointed to office; orterminated from the position for which the employee was found to have committed an employment related offense; andrehired or hired as an employee who is eligible to be a member of a Utah state retirement system or plan.

(4) The employee’s participating employer shall: immediately notify the office:if an employee is charged with an offense that is or may be an employment related offense under this section; andif the employee described in Subsection (4)(a)(i) is acquitted of the offense that is or may be an employment related offense under this section; andif the employee is convicted of an offense that may be an employment related offense:conduct an investigation, which may rely on the conviction, to determine: whether the conviction is for an employment related offense; andthe date on which the employment related offense was initially committed; andafter the period of time for an appeal by an employee under Subsection (5), immediately notify the office of the employer’s determination under this Subsection (4)(b).

(5) An employee may appeal the employee’s participating employer’s determination under Subsection (4)(b) in accordance with the participating employer’s procedures for appealing agency action, including Title 63G, Chapter 4, Administrative Procedures Act, if applicable.

(6) Notwithstanding Subsection (4), a district attorney, a county attorney, the attorney general’s office, or the state auditor may notify the office and the employee’s participating employer if an employee is charged with an offense that is or may be an employment related offense under this section.If the employee’s participating employer receives a notification under Subsection (6)(a), the participating employer shall immediately report to the entity that provided the notification under Subsection (6)(a):if the employee is acquitted of the offense;if the employee is convicted of an offense that may be an employment related offense; andwhen the participating employer has concluded the participating employer’s duties under this section if the employee is convicted, including conducting an investigation, making a determination under Subsection (4)(b) that the conviction was for an employment related offense, and notifying the office under Subsection (7).The notifying entity under Subsection (6)(a) may assist the employee’s participating employer with the investigation and determination described under Subsection (4)(b).

(7) Upon receiving a notification from a participating employer that the participating employer has made a determination under Subsection (4)(b) that the conviction was for an employment related offense, the office shall immediately forfeit any service credit, employer retirement related contributions, including employer contributions to the employer sponsored contribution plans, or other retirement related benefits accrued by or made for the benefit of the employee, beginning on the date of the initial employment related offense determined under Subsection (4)(b).

(8) This section applies to an employee who is convicted on or after the effective date of this act for an employment related offense.

(9) The board may make rules to implement this section.

(10) If any provision of this section, or the application of any provision to any person or circumstance, is held invalid, the remainder of this section shall be given effect without the invalid provision or application.

Amended by Chapter 328, 2023 General Session

Utah • Lex Graph

Explorer

49-11 - Utah State Retirement Systems Administration

49-11 - Utah State Retirement Systems Administration

Sections (81)

General Provisions

49-11-101 - Title.

49-11-102 - Definitions.

49-11-103 - Purpose — Liberal construction.

Retirement Office and Board

49-11-201 - Establishment of retirement office — An independent state agency — Office exemption.

49-11-202 - Establishment of Utah State Retirement Board — Quorum — Terms — Officers — Expenses and per diem.

49-11-203 - Powers and duties of board.

49-11-204 - Powers and duties of executive director.

49-11-205 - Membership Council established — Members — Chair — Duties — Expenses and per diem.

Investment Fund

49-11-301 - Creation — Board to act as trustees of the fund — Commingling and pooling of funds — Interest earnings — Funded ratio.

49-11-302 - Board duties with respect to fund.

49-11-303 - Fund investment standard — Prudent investor rule.

49-11-304 - Administrative costs — Payable from fund.

49-11-305 - Self-insurance option — Purchase of liability insurance.

49-11-306 - Definitions — Scrutinized companies investment report — Content — Reporting — Exceptions.

49-11-307 - Report on funded status — Study of compensation.

Service Credits

49-11-401 - Transfer of service credit — Eligibility for service credit — Computation of service credit — Retirement from most recent system.

49-11-402 - Purchase of military service credit.

49-11-403 - Purchase of public service credit not otherwise qualifying for benefit.

49-11-404 - Benefit protection contract authorized — Annual report required.

49-11-405 - Service credit from different systems or plans — Eligibility and calculation of service credit.

49-11-406 - Governor’s appointed executives and senior staff — Appointed legislative employees — Transfer of value of accrued defined benefit — Procedures.

49-11-407 - Service credit purchases by active employees only.

General Member Provisions

49-11-501 - Refunds of member contributions — Transfers of contributions to defined contribution plan.

49-11-502 - Redeposits of refunds — Time period.

49-11-503 - Rate of interest on redeposits, adjustments, and delinquent payments.

49-11-504 - Reemployment of a retiree — Restrictions.

Procedures and Records

49-11-601 - Payment of employer contributions — Penalties for failure to comply — Adjustments to be made.

49-11-602 - Participating employer to maintain records — Time limit — Penalties for failure to comply.

49-11-603 - Participating employer to report and certify — Time limit — Penalties for failure to comply.

49-11-604 - Office audits of participating employers — Penalties for failure to comply.

49-11-605 - Notification and correction of violations.

49-11-606 - Full participation.

49-11-607 - Determination of benefits — Errors in records or calculations — Correction of errors by the office.

49-11-608 - False statements or records — Unlawfully cashing benefit checks — Unlawfully obtaining or appropriating benefit payments.

49-11-609 - Beneficiary designations — Revocation of beneficiary designation — Procedure — Beneficiary not designated — Payment to survivors in order established under the Uniform Probate Code — Restrictions on payment — Payment of deceased’s expenses.

49-11-610 - Benefits payable in name of beneficiary — Delivery.

49-11-611 - Benefits and money in the fund exempt from taxation — Exceptions.

49-11-612 - Domestic relations order benefits — Nonassignability of benefits or payments — Exemption from legal process.

49-11-613 - Appeals procedure — Right of appeal to hearing officer — Board reconsideration — Judicial review — Docketing abstract of final administrative order.

49-11-613.5 - Limitation of actions — Cause of action.

49-11-614 - Vesting on termination of system or plan.

49-11-615 - Election to grandfather — Applicability of provisions.

49-11-616 - Benefits information.

49-11-617 - Original documents.

49-11-618 - Members and beneficiaries subject to chapter — Furnishing of information — Confidentiality of information.

49-11-619 - Permanent relinquishment of benefit — Procedure.

49-11-620 - Closing the retirement account — Status of retirees and beneficiaries.

49-11-621 - Change in employer — Eligibility for retirement.

49-11-622 - Subsidiaries or other companies owned by independent corporations — Participation — Withdrawal.

49-11-623 - Withdrawing entity — Participation election date — Withdrawal costs — Rulemaking.

49-11-624 - Withdrawing entity — Participation election date — Withdrawal costs — Rulemaking.

49-11-625 - Withdrawing independent entity — Participation election date — Withdrawal costs — Rulemaking.

49-11-626 - Withdrawing entity — Participation election date — Withdrawal costs — Rulemaking.

Allowance Increase

49-11-701 - Allowance increase to offset tax liability — Administration.

Defined Contribution Plans

49-11-801 - Defined contribution plans authorized — Subject to federal and state laws — Rules to implement this provision — Costs of administration — Limitations on eligibility — Protection of tax status.

49-11-802 - Permanent relinquishment of defined contribution benefit — Procedure.

Insurance Premium Tax Revenues Distribution

49-11-901.5 - Premium tax revenues — Distribution.

49-11-902 - Premium tax revenues — Formula — Deposits.

49-11-903 - State appropriation funding offset — Proportionate share determination and reporting.

Partial Lump-Sum Payments

49-11-1001 - Partial lump-sum payment option.

Public Information Disclosure

49-11-1101 - Public financial information disclosure on website — Exclusions.

49-11-1102 - Public notice of administrative board meetings — Posting on Utah Public Notice Website.

49-11-1103 - Public information requests.

Postretirement Reemployment Restrictions Act