§ 49-19-401 — Eligibility for an allowance -- Governor -- Legislator.

(1) A governor is qualified to receive an allowance when:

(1)(a) the governor has submitted to the office a retirement application form that states the proposed retirement date; and
(1)(b) one of the following conditions is met as of the retirement date:
(1)(b)(i) the governor has completed at least one full term in office and has attained an age of 65 years; or
(1)(b)(ii) the governor has served as governor of the state for at least 10 years and has attained an age of 62 years.
(2) A legislator is qualified to receive an allowance when:

(2)(a) the legislator has submitted to the office a retirement application form that states the proposed retirement date; and
(2)(b) one of the following conditions is met as of the retirement date:
(2)(b)(i) the legislator has completed at least four years in the Legislature and has attained an age of 65 years; or
(2)(b)(ii) the legislator has completed at least 10 years in the Legislature and has attained an age of 62 years.
(3) (3)(a) The retirement date shall be the 1st or the 16th day of the month as selected by the member.
(3)(b) The retirement date may not be more than 90 days before or after the date the application is received by the office.
(4) A member who withdraws member contributions shall forfeit all allowances based on those contributions.
(5) If a retired legislator is elected to another term in the Legislature or continues to serve in the Legislature, the legislative allowance ceases at the beginning of each session under rules established 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 for additional service credits and allowance adjustments at the end of each term of office if the legislator continues as a contributing member during the member's service as a legislator.

Legislative History

Amended by Chapter 15, 2014 General Session