Utah § 49-11-1303 - Phased retirement -- Eligibility -- Restrictions -- Amortization rate -- Public safety service or firefighter service employees.
Full text of Utah Utah Code § 49-11-1303 — Phased retirement -- Eligibility -- Restrictions -- Amortization rate -- Public safety service or firefighter service employees., with citation guidance and answers to common questions.
§ 49-11-1303. Phased retirement -- Eligibility -- Restrictions -- Amortization rate -- Public safety service or firefighter service employees.
Effective 7/1/2021 49-11-1303.
Phased retirement -- Eligibility -- Restrictions -- Amortization rate -- Public safety service or firefighter service employees.
(1)
A retiree is eligible for employment with only one position for only one participating employer under phased retirement following the retiree's retirement date if:
(a)
the retiree:
(i)
is eligible to retire and retires in accordance with this title;
(ii)
has been employed full time, for not less than four years immediately before the retiree's retirement date;
(iii)
is, at the time of retirement, at least:
(A)
50 years old, if the retiree is employed as a public safety service employee or a firefighter service employee; or
(B)
55 years old;
(iv)
completes and submits all required retirement forms to the office; and
(v)
prior to the retiree's retirement date, completes and submits all required phased retirement forms to the office; and
(b)
the retiree and the participating employer enter into an agreement described under Section 49-11-1304.
(2)
A retiree shall begin phased retirement employment after the retiree's retirement date but no later than 120 days after the retiree's retirement date.
(3)
Except as provided in Subsection (4), for the period of the phased retirement:
(a)
the retiree receives 50% of the retiree's monthly allowance;
(b)
the participating employer employs the retiree on a half-time basis;
(c)
a participating employer that employs the retiree shall contribute the amortization rate to the office;
(d)
the retiree or an alternate payee may not receive an annual cost-of-living adjustment to the retiree's or alternate payee's allowance;
(e)
any death benefits payable to a surviving spouse or other beneficiary shall be paid based on 100% of the retiree's retirement allowance;
(f)
the retiree may not receive any employer provided retirement benefits, service credit accruals, or any retirement related contributions from the participating employer; and
(g)
except as specified under this section, a retiree working under phased retirement shall be treated in the same manner as any other part-time employee working a similar position and number of hours with the participating employer, including:
(i)
any non-retirement related benefits;
(ii)
leave benefits;
(iii)
medical benefits; and
(iv)
other benefits.
(4)
(a)
If a retiree is employed as a public safety service employee or a firefighter service employee, for the period of the phased retirement the requirements of Subsection (3) or (4)(b) are satisfied.
(b)
For the period of the phased retirement:
(i)
the retiree is employed as a public safety service employee or a firefighter service employee;
(ii)
the retiree receives 25% of the retiree's monthly allowance;
(iii)
the participating employer employs the retiree on a three-quarter time basis;
(iv)
a participating employer that employs the retiree shall contribute to the office the certified contribution rate applicable to the system that would have covered the retiree if the retiree's part-time position were considered to be an eligible, full-time position within the system;
(v)
the retiree or an alternate payee may not receive an annual cost-of-living adjustment to the retiree's or alternate payee's allowance;
(vi)
any death benefits payable to a surviving spouse or other beneficiary shall be paid based on 100% of the retiree's retirement allowance;
(vii)
the retiree may not receive any employer provided retirement benefits, service credit accruals, or any retirement related contributions from the participating employer; and
(viii)
except as specified under this section, a retiree working under phased retirement shall be treated in the same manner as any other part-time employee working a similar position and number of hours with the participating employer, including:
(A)
any non-retirement related benefits;
(B)
leave benefits;
(C)
medical benefits; and
(D)
other benefits.
(5)
The office shall begin paying 100% of the retiree's retirement allowance on the first day of the month following the month in which the office receives written notification and any required supporting documentation that the retiree's phased retirement has been irrevocably terminated.
Frequently Asked Questions About Utah § 49-11-1303
What does Utah Code § 49-11-1303 cover?
Section 49-11-1303 ("Phased retirement -- Eligibility -- Restrictions -- Amortization rate -- Public safety service or firefighter service employees.") 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 § 49-11-1303?
A common citation format is "Utah Code § 49-11-1303" (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 § 49-11-1303 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.
