Utah § 49-11-613.5 - Limitation of actions -- Cause of action.
Full text of Utah Utah Code § 49-11-613.5 — Limitation of actions -- Cause of action., with citation guidance and answers to common questions.
§ 49-11-613.5. Limitation of actions -- Cause of action.
Effective 5/3/2023 49-11-613.5.
Limitation of actions -- Cause of action.
(1)
(a)
Subject to the procedures provided in Section 49-11-613 and except as provided in Subsection (3), a party may bring an action regarding a benefit, right, obligation, or employment right brought under this title within four years after the day on which the cause of action accrues.
(b)
A person who is dissatisfied with an executive director's ruling under Section 49-11-613 and who seeks a review of that claim by a hearing officer shall file a request for board action within 30 days after the day on which the executive director issues the ruling.
(2)
(a)
A cause of action accrues under this title and the limitation period in this section runs from the day on which the aggrieved party became aware, or through the exercise of reasonable diligence should have become aware, of the facts giving rise to the cause of action, including when:
(i)
a benefit, right, or employment right is or should have been granted;
(ii)
a payment is or should have been made; or
(iii)
an obligation is or should have been performed.
(b)
If a claim involves a retirement service credit issue under this title:
(i)
a cause of action specifically accrues at the time the requisite retirement contributions relating to that retirement service credit are paid or should have been paid to the office; and
(ii)
the person is deemed to be on notice of the payment or nonpayment of those retirement contributions.
(3)
If an aggrieved party fails to discover the facts giving rise to the cause of action due to misrepresentation, fraud, intentional nondisclosure, or other affirmative steps to conceal the cause of action, a limitation period prescribed in this section does not begin to run until the aggrieved party actually discovers the existence of the cause of action.
(4)
The person claiming a benefit, right, obligation, or employment right arising under this title has the burden of bringing the action within the period prescribed in this section.
(5)
Nothing in this section relieves a member, retiree, participant, alternative payee, covered individual, employer, participating employer, or covered employer of the obligations under this title.
(6)
The office is not required to bring a claim on behalf of a member, retiree, participant, alternative payee, covered individual, employer, participating employer, or covered employer.
(7)
(a)
A limitation period provided in this section does not apply to actions for which a specific limit is otherwise specified in this title or by contract, including master policies or other insurance contracts.
Frequently Asked Questions About Utah § 49-11-613.5
What does Utah Code § 49-11-613.5 cover?
Section 49-11-613.5 ("Limitation of actions -- Cause of action.") 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 § 49-11-613.5?
A common citation format is "Utah Code § 49-11-613.5" (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 § 49-11-613.5 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.
