Full text of Utah Utah Code § 49-11-701 — Allowance increase to offset tax liability -- Administration., with citation guidance and answers to common questions.
§ 49-11-701. Allowance increase to offset tax liability -- Administration.
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:
(a)
the administrator shall calculate the member's retirement allowance pursuant to the formula governing the system from which the member retired;
(b)
the administrator shall then increase the allowance calculated under Subsection (2)(a) by 3%; and
(c)
the adjusted retirement allowance under Subsection (2)(b) is the new basis upon which any future adjustments to benefits are made.
(3)
(a)
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.
(b)
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.
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.
(b)
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.
Section 49-11-701 ("Allowance increase to offset tax liability -- Administration.") 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 § 49-11-701?
A common citation format is "Utah Code § 49-11-701" (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 § 49-11-701 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.
