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Ostler v. State Retirement Bd. 2017 UT App 96 (June 15, 2017)

Jun 15, 2017

In this petition for judicial review of the Retirement Board’s order denying the petitioner retirement benefits, the Utah Court of Appeals interpreted the Utah Retirement System forfeiture statute, Utah Code § 49-11-501.  It held that because “service credit requires both types of contribution, all of the service credit earned during the period of member contributions is ‘based on’ the member contributions.”  Accordingly, the Board correctly held that by withdrawing all of his member contributions, the petitioner forfeited all of his service credits earned during that employment.