2006 Utah Code - 49-21-403 — Termination of disability benefits -- Calculation of retirement benefit.

     49-21-403.   Termination of disability benefits -- Calculation of retirement benefit.
     (1) An eligible employee covered by this chapter and eligible for service credit under a system, including an eligible employee who relinquishes rights to retirement benefits under Section 49-11-619, who applies and is qualified for a monthly disability benefit shall receive a monthly disability benefit until the earlier of:
     (a) the date the eligible employee has accumulated:
     (i) 20 years of service credit if the eligible employee is covered by Chapter 14, Public Safety Contributory Retirement Act, or Chapter 15, Public Safety Noncontributory Retirement Act;
     (ii) 25 years of service credit if the eligible employee is covered by Chapter 17, Judges' Contributory Retirement Act, or Chapter 18, Judges' Noncontributory Retirement Act; or
     (iii) 30 years of service credit if the eligible employee is covered by Chapter 12, Public Employees' Contributory Retirement Act, or Chapter 13, Public Employees' Noncontributory Retirement Act; or
     (b) the date the eligible employee has received a monthly disability benefit for the following applicable time periods:
     (i) if the eligible employee is under age 60, the monthly disability benefit is payable until age 65;
     (ii) if the eligible employee is 60 or 61 years of age on the date of disability, the monthly disability benefit is payable for five years;
     (iii) if the eligible employee is 62 or 63 years of age on the date of disability, the monthly disability benefit is payable for four years;
     (iv) if the eligible employee is 64 or 65 years of age on the date of disability, the monthly disability benefit is payable for three years;
     (v) if the eligible employee is 66, 67, or 68 years of age on the date of disability, the monthly disability benefit is payable for two years; and
     (vi) if the eligible employee is 69 years of age or older on the date of disability, the monthly disability benefit is payable for one year.
     (2) (a) Upon termination of a monthly disability benefit, an eligible employee eligible for service credit under a system may retire under the system which covered the eligible employee on the date of disability.
     (b) The final average salary used in the calculation of the allowance shall be based on the annual rate of pay on the date of disability, improved by the annual cost-of-living increase factor applied to retirees of the system which covered the eligible employee on the date of disability.
     (3) An eligible employee who is eligible for service credit in a system, but has relinquished rights to an allowance under Section 49-11-619, may receive the benefits the eligible employee would have received by being eligible for service credit in the system covering the eligible employee on the date of disability, except for the accrual of service credit, in accordance with this title.
     (4) An eligible employee receiving a monthly disability benefit who has service credit from two or more systems may not combine service credits under Section 49-11-405 in qualifying for retirement, unless the eligible employee would receive a greater allowance by combining the service credits.
     (5) A monthly disability benefit payable to an eligible employee who is not eligible for service credit under a system shall terminate at the earliest of:

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     (a) the date the eligible employee would be eligible for an unreduced allowance;
     (b) the date the eligible employee has received a monthly disability benefit for the applicable time period as set forth in Subsection (1)(b); or
     (c) the date the eligible employee receives a reduced allowance.

Amended by Chapter 116, 2005 General Session