49-16-102 - Definitions.
49-16-102. Definitions.
As used in this chapter:
(1) (a) "Compensation" means the total amount of payments that are includable as grossincome which are received by a firefighter service employee as base income for the regularlyscheduled work period. The participating employer shall establish the regularly scheduled workperiod. Base income shall be determined prior to the deduction of member contributions or anyamounts the firefighter service employee authorizes to be deducted for salary deferral or otherbenefits authorized by federal law.
(b) "Compensation" includes performance-based bonuses and cost-of-living adjustments.
(c) "Compensation" does not include:
(i) overtime;
(ii) sick pay incentives;
(iii) retirement pay incentives;
(iv) remuneration paid in kind such as a residence, use of equipment, uniforms, travel, orsimilar payments;
(v) a lump-sum payment or special payments covering accumulated leave; and
(vi) all contributions made by a participating employer under this system or under anyother employee benefit system or plan maintained by a participating employer for the benefit of amember or participant.
(d) "Compensation" for purposes of this chapter may not exceed the amount allowedunder Internal Revenue Code Section 401(a)(17).
(2) (a) "Disability" means a physical or mental condition that, in the judgment of theoffice, is total and presumably permanent, and prevents a member from performing firefighterservice.
(b) The determination of disability is based upon medical and other evidence satisfactoryto the office.
(3) "Final average salary" means the amount computed by averaging the highest threeyears of annual compensation preceding retirement subject to Subsections (3)(a) and (b).
(a) Except as provided in Subsection (3)(b), the percentage increase in annualcompensation in any one of the years used may not exceed the previous year's compensation bymore than 10% plus a cost-of-living adjustment equal to the decrease in the purchasing power ofthe dollar during the previous year, as measured by a United States Bureau of Labor StatisticsConsumer Price Index average as determined by the board.
(b) In cases where the participating employer provides acceptable documentation to theoffice the limitation in Subsection (3)(a) may be exceeded if:
(i) the member has transferred from another agency; or
(ii) the member has been promoted to a new position.
(4) "Firefighter service" means employment normally requiring an average of 2,080hours of regularly scheduled employment per year rendered by a member who is a firefighterservice employee trained in firefighter techniques and assigned to a position of hazardous dutywith a regularly constituted fire department, but does not include secretarial staff or other similaremployees.
(5) "Firefighter service employee" means an employee of a participating employer whoprovides firefighter service under this chapter. An employee of a regularly constituted firedepartment who does not perform firefighter service is not a firefighter service employee.
(6) "Line-of-duty death or disability" means a death or any physical or mental disabilityresulting from external force, violence, or disease directly resulting from firefighter service.
(a) A paid firefighter who has five years of firefighter service credit is eligible for aline-of-duty death or disability resulting from heart disease, lung disease, or respiratory tractcondition.
(b) A paid firefighter who receives a service connected disability benefit for more thansix months due to violence or illness other than heart disease, lung disease, or respiratory tractcondition, and then returns to paid firefighter service, may not be eligible for a line-of-duty deathor disability benefit due to heart disease, lung disease, or respiratory tract condition for two yearsafter the firefighter returned to work unless clear and convincing evidence is presented that theheart disease, lung disease, or respiratory tract condition was directly a result of firefighterservice.
(7) "Participating employer" means an employer which meets the participationrequirements of Section 49-16-201.
(8) "Regularly constituted fire department" means a fire department that employs a firechief who performs firefighter service for at least 2,080 hours of regularly scheduled paidemployment per year.
(9) "System" means the Firefighters' Retirement System created under this chapter.
(10) (a) "Volunteer firefighter" means any individual that is not regularly employed as afirefighter service employee, but who:
(i) has been trained in firefighter techniques and skills;
(ii) continues to receive regular firefighter training; and
(iii) is on the rolls of a legally organized volunteer fire department which providesongoing training and serves a political subdivision of the state.
(b) An individual that volunteers assistance but does not meet the requirements ofSubsection (10)(a) is not a volunteer firefighter for purposes of this chapter.
(11) "Years of service credit" means the number of periods, each to consist of 12 fullmonths as determined by the board, whether consecutive or not, during which a firefighterservice employee was employed by a participating employer or received full-time pay while onsick leave, including any time the firefighter service employee was absent in the service of theUnited States on military duty.
Amended by Chapter 116, 2005 General Session