2016 Utah Code
Title 49 - Utah State Retirement and Insurance Benefit Act
Chapter 14 - Public Safety Contributory Retirement Act
Part 5 - Death Benefit
Section 501 - Death of active member in Division A -- Payment of benefits.

Effective 5/10/2016
49-14-501. Death of active member in Division A -- Payment of benefits.

• (1) If an active member of this system enrolled in Division A under Section 49-14-301 dies, benefits are payable as follows:
  • (a) If the death is classified by the office as a line-of-duty death, the surviving spouse shall receive a lump sum equal to six months of the active member's final average salary and an allowance equal to 30% of the deceased member's final average monthly salary.
  • (b) If the death is not classified by the office as a line-of-duty death, benefits are payable as follows:
    • (i) If the member has accrued less than 10 years of public safety service credit, the beneficiary shall receive the sum of $1,000 or a refund of the member's member contributions, whichever is greater.
    • (ii) If the member has accrued 10 or more years of public safety service credit at the time of death, the surviving spouse shall receive the sum of $500, plus an allowance equal to 2% of the member's final average monthly salary for each year of service credit accrued by the member up to a maximum of 30% of the member's final average monthly salary.

• (2) Except as provided under Subsection (1)(b)(i), benefits are not payable to minor children of members covered under Division A.

• (3) If a benefit is not distributed under this section, and the member has designated a beneficiary, the member's member contributions shall be paid to the beneficiary.

• (4)
  • (a) A surviving spouse who requests a benefit under this section shall apply in writing to the office.
  • (b) The allowance shall begin on the first day of the month following the month in which the:
    • (i) member died, if the application is received by the office within 90 days of the member's death; or
    • (ii) application is received by the office, if the application is received by the office more than 90 days after the member's death.

Amended by Chapter 84, 2016 General Session