49-21-403 - Termination of disability benefits -- Calculation of retirement benefit.
49-21-403. Termination of disability benefits -- Calculation of retirement benefit.
(1) An eligible employee covered by this chapter and eligible for service credit under asystem, or a participant in the Tier II Defined Contribution Plan, created in Chapter 22, Part 4,Tier II Defined Contribution Plan, or Chapter 23, Part 4, Tier II Defined Contribution Plan,including an eligible employee who relinquishes rights to retirement benefits under Section49-11-619, who applies and is qualified for a monthly disability benefit shall receive a monthlydisability benefit until the earlier of:
(a) the date of the eligible employee's death;
(b) the date the eligible employee is no longer disabled;
(c) the date the eligible employee has accumulated:
(i) 20 years of service credit if the eligible employee is covered by Chapter 14, PublicSafety Contributory Retirement Act, or Chapter 15, Public Safety Noncontributory RetirementAct;
(ii) 25 years of service credit if the eligible employee is covered by Chapter 17, Judges'Contributory Retirement Act, or Chapter 18, Judges' Noncontributory Retirement Act;
(iii) 30 years of service credit if the eligible employee is covered by Chapter 12, PublicEmployees' Contributory Retirement Act, or Chapter 13, Public Employees' NoncontributoryRetirement Act;
(iv) 35 years of service credit if the eligible employee is covered by the defined benefitportion under Chapter 22, Part 3, Tier II Hybrid Retirement System, or is covered by the definedcontribution plan under Chapter 22, Part 4, Tier II Defined Contribution Plan; or
(v) 25 years of service credit if the eligible employee is covered by the defined benefitportion under Chapter 23, Part 3, Tier II Hybrid Retirement System, or is covered by the definedcontribution plan under Chapter 23, Part 4, Tier II Defined Contribution Plan; or
(d) the date the eligible employee has received a monthly disability benefit for thefollowing applicable time periods:
(i) if the eligible employee is under age 60, the monthly disability benefit is payable untilage 65;
(ii) if the eligible employee is 60 or 61 years of age on the date of disability, the monthlydisability benefit is payable for five years;
(iii) if the eligible employee is 62 or 63 years of age on the date of disability, the monthlydisability benefit is payable for four years;
(iv) if the eligible employee is 64 or 65 years of age on the date of disability, the monthlydisability benefit is payable for three years;
(v) if the eligible employee is 66, 67, or 68 years of age on the date of disability, themonthly disability benefit is payable for two years; and
(vi) if the eligible employee is 69 years of age or older on the date of disability, themonthly disability benefit is payable for one year.
(2) (a) Upon termination of a monthly disability benefit, an eligible employee eligible forservice credit under a system may retire under the requirements of the system which covered theeligible employee on the date of disability.
(b) The final average salary used in the calculation of the allowance shall be based on theannual rate of pay on the date of disability, improved by the annual cost-of-living increase factorapplied to retirees of the system which covered the eligible employee on the date of disability.
(3) An eligible employee who is eligible for service credit in a system, but has
relinquished rights to an allowance under Section 49-11-619, may receive the benefits theeligible employee would have received by being eligible for service credit in the system coveringthe eligible employee on the date of disability, except for the accrual of service credit, inaccordance with this title.
(4) An eligible employee receiving a monthly disability benefit who has service creditfrom two or more systems may not combine service credits under Section 49-11-405 inqualifying for retirement, unless the eligible employee would receive a greater allowance bycombining the service credits.
(5) A monthly disability benefit payable to an eligible employee who is not eligible forservice credit under a system shall terminate at the earliest of:
(a) the date the eligible employee would be eligible for an unreduced allowance;
(b) the date the eligible employee has received a monthly disability benefit for theapplicable time period as set forth in Subsection (1)(c); or
(c) the date the eligible employee receives a reduced allowance.
Amended by Chapter 266, 2010 General Session
Amended by Chapter 321, 2010 General Session