A participating employer shall, within five business days, notify the office if the participating employer enters a phased retirement agreement with a retiree.
(b)
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.
(c)
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)
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.
(b)
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:
(a)
the office shall cancel the retiree's retirement allowance; and
(b)
the 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.
Frequently Asked Questions About Utah § 49-11-1305
What does Utah Code § 49-11-1305 cover?
Section 49-11-1305 ("Reporting -- Penalties.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 49-11-1305?
A common citation format is "Utah Code § 49-11-1305" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 49-11-1305 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
