49-13-401. Eligibility for an allowance -- Date of retirement -- Qualifications.

546 words·~2 min read·/ut/title-49/chapter-13/49-13-401

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/6/2026

(1)A member is qualified to receive an allowance from this system when:

(a)except as provided under Subsection

(3), the member has a bona fide termination of employment before the member's retirement date and provides evidence of the termination;

(b)the member has submitted to the office a retirement application form that states the member's proposed retirement date; and

(c)one of the following conditions is met as of the member's retirement date:

(i)the member has accrued at least four years of service credit and has attained an age of 65 years;

(ii)the member has accrued at least 10 years of service credit and has attained an age of 62 years;

(iii)the member has accrued at least 20 years of service credit and has attained an age of 60 years;

(iv)the member has accrued at least 30 years of service credit; or

(v)the member has accrued at least 25 years of service credit, in which case the member shall be subject to the reduction under Subsection 49-13-402(2)(b) .

(a)The member's retirement date:

(i)shall be the 1st or the 16th day of the month, as selected by the member;

(ii)shall be on or after the date of termination; and

(iii)may not be more than 90 days before or after the date the application is received by the office.

(b)Except as provided under Subsection

(3), a member may not be employed by a participating employer in the system established by this chapter on the retirement date selected under Subsection (2)(a)(i) .

(a)A member who is employed by a participating employer and who is also an elected official is not required to terminate employment as an elected official to be qualified to receive an allowance under Subsection

(1), unless the member is retiring from employment as an elected official.

(b)A member who is employed by a participating employer and who is also a part-time appointed board member, as described in Subsection 49-11-1203(2) , is not required to terminate employment as a part-time appointed board member to be qualified to receive an allowance under Subsection

(1).

(c)A member who is employed by a participating employer, who is also an affiliated emergency services worker as defined in Section 49-11-1202 for a different agency, is not required to terminate employment as an affiliated emergency services worker to be qualified to receive an allowance under Subsection

(1).

(d)A member who is employed by a participating employer and who is also a part-time appointed or elected board member, as defined in Section 49-11-1202 , for a different agency is not required to terminate employment as a part-time appointed or elected board member to be qualified to receive an allowance under Subsection

(1).

(4)An exemption from the requirement to terminate employment and remain qualified to receive an allowance as provided in Subsection

(3)is available only for a member who, at the time of retirement, is at least:

(a)50 years old, if the member is retiring from a public safety system or firefighter system; or

(b)55 years old.

Amended by Chapter 98 , 2026 General Session