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2022 Utah Code
Title 49 - Utah State Retirement and Insurance Benefit Act
Chapter 11 - Utah State Retirement Systems Administration
Part 12 - Postretirement Reemployment Restrictions Act
Section 1205 - Postretirement reemployment restriction exceptions.
Universal Citation: UT Code § 49-11-1205 (2022)
Effective 7/1/2021
49-11-1205. Postretirement reemployment restriction exceptions.
Amended by Chapter 193, 2021 General Session
49-11-1205. Postretirement reemployment restriction exceptions.
- (1)
- (a) 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:
- (i) the retiree is not reemployed by a participating employer for a period of at least 60 days from the retiree's retirement date;
- (ii) upon reemployment after the break in service under Subsection (1)(a)(i), the retiree does not receive any employer paid benefits, including:
- (A) retirement service credit or retirement-related contributions;
- (B) medical benefits;
- (C) dental benefits;
- (D) 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; or
- (E) paid time off, including sick, annual, or other type of leave; and
- (iii)
- (A) the 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; or
- (B) the retiree is reemployed as a judge as defined under Section 78A-11-102.
- (b) The board shall adjust the amounts under Subsection (1)(a)(iii) 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.
- (a) 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:
- (2) A retiree shall be considered as having completed the one-year separation from employment with a participating employer required under Section 49-11-1204, if the retiree:
- (a) before retiring:
- (i) 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;
- (ii) 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;
- (iii) 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;
- (iv) does not receive any long-term disability benefits from any participating employer; and
- (v) is at least 50 years old; and
- (b) is reemployed by a different participating employer.
- (a) before retiring:
- (3)
- (a) 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:
- (i) a nominal fee, stipend, discount, tax credit, voucher, or other fixed sum of money or cash equivalent payment not tied to productivity and paid periodically for services;
- (ii) a length-of-service award;
- (iii) 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; or
- (iv) reimbursement of expenses incurred in the performance of duties.
- (b) For purposes of Subsections (3)(a)(i) and (ii), the total amount of any discounts, tax credits, vouchers, and payments to an affiliated emergency services worker may not exceed $500 per month.
- (c) The board shall adjust the amount under Subsection (3)(b) 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.
- (d) 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:
- (i) 50 years old, if the retiree is retiring from a public safety system or a firefighter system; or
- (ii) 55 years old.
- (a) 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:
- (4)
- (a) The office may not cancel the retirement allowance of a retiree 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).
- (b) 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:
- (i) 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; and
- (ii) may not receive an employer paid retirement service credit or retirement-related contribution.
- (c) For purposes of Subsection (4)(b)(i):
- (i) a part-time appointed or elected board member's compensation includes:
- (A) an amount paid for the part-time appointed or elected board member's coverage in a group insurance plan provided by the participating employer; and
- (B) the part-time appointed or elected board member's receipt of any other benefit provided by the participating employer; and
- (ii) the part-time appointed or elected board member's compensation does not include:
- (A) 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; or
- (B) an 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.
- (i) a part-time appointed or elected board member's compensation includes:
- (d) 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)
- (a) 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 under Section 49-11-1204.
- (b) 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)(iii), (3)(b), or (4)(b).
Amended by Chapter 193, 2021 General Session
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