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Nielsen v. Retirement Board, 2019 UT App 89 (May 23, 2019)

May 23, 2019

In this administrative appeal, Nielsen argued that the Utah Retirement Board erred when it concluded that she could not continue participating in a non-contributory plan offered through Utah Retirement Systems, because she failed to make an election at the time that she accepted a new position at the University of Utah.  Reversing, the court held that the board erroneously interpreted the term “one-time irrevocable election” to impose a time limit for making an election.  Instead, the phrase simply meant that an individual could make a non-reversible decision to continue participating in the plan.