49-19-401 - Eligibility for an allowance -- Governor -- Legislator.
49-19-401. Eligibility for an allowance -- Governor -- Legislator.
(1) A governor is qualified to receive an allowance when:
(a) the governor has submitted to the office a notarized retirement application form thatstates the proposed retirement date; and
(b) one of the following conditions is met as of the retirement date:
(i) the governor has completed at least one full term in office and has attained an age of65 years; or
(ii) the governor has served as governor of the state for at least 10 years and has attainedan age of 62 years.
(2) A legislator is qualified to receive an allowance when:
(a) the legislator has submitted to the office a notarized retirement application form thatstates the proposed retirement date; and
(b) one of the following conditions is met as of the retirement date:
(i) the legislator has completed at least four years in the Legislature and has attained anage of 65 years; or
(ii) the legislator has completed at least 10 years in the Legislature and has attained anage of 62 years.
(3) (a) The retirement date shall be the 1st or the 16th day of the month as selected by themember.
(b) The retirement date may not be more than 90 days before or after the date theapplication is received by the office.
(4) A member who withdraws member contributions shall forfeit all allowances based onthose contributions.
(5) If a retired legislator is elected to another term in the Legislature or continues to servein the Legislature, the legislative allowance ceases at the beginning of each session under rulesestablished by the board, but is restored at the same amount at the end of the session.
(6) A member receiving an allowance while serving as a legislator is eligible foradditional service credits and allowance adjustments at the end of each term of office if thelegislator continues as a contributing member during the member's service as a legislator.
Amended by Chapter 118, 2004 General Session