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Show MONDAY. JULY 8, 1974 INTERMOUNTAIN COMMERCIAL RECORD Trust Deeds 193 to Zions P ADAMS ETUX Nat Bk $16,706 FRED First Wallace Ln 19? C FRANK 198 to CHRISTENS EN ETUX Peoples Finance J H Saper- stein $16,329 11 Walcott St BARRY GLADE SecBk Comm $2l,600 190 Sheraton Circle 199 Conn Sec Bk N 900 W Address Not Available 297 301 to Capitol Thrift Guardian TitL 237 REUEL W HUNSAKER 7th S 212 & 303 305 to L GIORGIO 6795 S 1530 E 307 Zions First JOHN L POWELL to Western Mortgage CLARENCE A CRESSALL & Address Not 265 268 309 to Western Mortgage - Land 313 Land WILLIAM SCOTT GILLETT Don ETUX Western Mortgage Loan Title $19,950 320 3539 Paiute Dr 282 ELDON V CARTER ETUX to United Sav Title Ins 'Agency PAUL 322 ETAL Title $17,600 Carlos Dr SCOTT TAYLOR ETUX TERRY L GRAHAM ETUX Title to $5367 S NEILSON Neilson B DIANE S NEILSON B Neilson 329 MAIN STREET CONST McGhie 386 J HORNHORST W Hornhorst Leona 763 McGhie Anatalia 131 M Gerald to CONST to of McGhie 6o61 to Taylor etal 578 MELVIN T OS CARSON B Oscars on 579 BOBBY BERT ROBERTS to M Jack Jack CORP Draulica to 621 etux Guardian Address Not 611 Available MARK R CRAM ETUX N Cram ZELLA B BUTTERS to W W Sandra to 632 000 to Miller etux J.O IMVLl HOMES G lAJnOT L0 OC Payne $91 ' ' July 74-0- 630 321 VICTOR W WHEATON to 328 to CARL F HERREN ETUX to American Equity $22,600 GAIL D ATKINSON ETUX 351 to Superior Prud Fed Sav $1281 to ' . 24 McDonald, Executive Director Requested byt Leonard Prepared byt Vernon B. Romney, Attorney General K. Roger Bean, Assistant Attorney General W. State Retirement Board K - 1 ' me me Is an employee, part of whose prior service is for part-tiemployment, entitled to a retirement allowance which applies the final average monthly salary formula from Questions me Sec. part-ti- 49-10- (a) (1) , U.C.A. 1953, -32 to the years? me No. Answer t The terminated system' in which he held membership,...11. retirement system in which he held membership v;as governed by the provisions of Chap. 100, Laws of Utah 1961. In . Con 3C nvanfarl a rafirnmanf al nhfnnna fnr nrinr cnriro equal to 110 0th of his prior service compensation, multiplied by the number of years credited to him. Subsection 3(14) as amended by Chap. 75, Laws of Utah 1963, Seel, defined "prior service compensation11 as the normal monthly salary or wages earnable by a member employed during the month of October I960.' In October 1960, the employee earned $50.00. Applying the provisions of the terminated act literally, the employee is entitled to an allowance based on a salary of $50.00 per or full-timonth, whether for part-tij prior service. This would benefit him slightly as to his justice of the peace., service, but hurt him substantially as to his commissioner service. On the other hand, by applying the provisions of the retirement act now in force, the employee is given credit for service at a far higher rate than the the 1949-5- 2 full-tim- e would have act former allowed; Thus, the application of the does diminish not act any rights he had under tho old present act and does not' transgress the restriction of Soc. 5, quoted IVi Utah .111 reduce, or abrogate any benefits, rights or claims accrued to the credit of a transferred member which were standing to his credit on the termination date of the retirement , 1974 2 , ' Office of the Attorney General State of Utah OPINION NO. D American Equity $25,200 REAL ESTATE WEST REGENCY to Jerry Mortgages Trus Joint Corp $12,538 326 .UftTlGUN David to Liens to Zella STEVEN WOODS Anderson dba Anderson Drywall $ll62 s Boudreaux etux 631 191 D Anderson dba Anderson Drywall $1332 Anne Sullivan 126 ELSIE S POWERS to William Melba to Jerry STEVEN WOODS Laurel New WEST to Jerayo...P REuENCY HOMES to LAUREL ANNE MATSQN. 091 IRE Anderson dba Anderson Drywall $1332 999 C MILLER C EMI3 to Western Carpet Mart $978 ' REGENCY HOMES to Jerry D Cutler R Alex Anderson dba Anderson Drywall $1116 Hendricks on etux Winifred Anne to DENSLEY AARON to to Aposhian D to DENSLEY Hendricks on etux 013 WINIFRED Roberts 601 BASIC AMERICAN etal Trustees 632 005 LYNN E CUTLER B Bk .' to OBARLIN ETUX JACOBSON WALLY 997 to Cook Consulting Engineers '$3370 MURIEL C CRIB to John H Wernli $859 900 , to ETAL COAST ALMA GYGI to Edla J ANDERSON 972 EST JOSEPH to Iris to 580 998 J Anderson to Elma f, to GREEN ETUX 971 JUANTTA JIMENEZ Hurley etux EMILY E TAYLOR FHM SUM 183 Cook to ROBERT S KYLE ETUX F Gray William Patterson to CONST Inc $1152 I18O MARCAL SL 958 EDLA to ETUX to W PATTERSON Bonnie F 907 CLIFFORD Martens 508 CONST to ETUX VAGENAS Cook Inc $16 176 . Fillmore Smith Trustee 899 MILTON to PETER HANSEN ETUX to MFT 185 HOUSING INC to Dot a Jane 181 F '"' to WENDELL ROUNDY ETUX ll6 to Cnty Cnty Jacosen etux FILLMORE JOHNSON BROS 115 ' to ETUX ETUX KAY Inc $123 to HERBERT HANSEN ETUX 860 WILLIAM F SMITH H 179 JEFFREY Andrew R 111 Cook THOMAS 'Cook Inc $1521 to SL Cnty to Jean ETAL ELTON E - SL Cnty SL MCGHIE LAND TITLE-t- o 113 Evelyn 832 JOHN LANGELAND ETUX to SL Cnty . 833 SECURITY TITLE, TR to SL Peterson Inv etal 3068 to STEVENSON ETUX D Curtis-etux- to N JOHNSON ETUX Inc $1855 Inc $135 HERBERT HANSEN ETUX J ROBERT 112 W to Jack McLean etal 116 MOUNTAIN FUEL SUPPLY McGhie J 828 to Don SL Cnty 830 JOSEPH BONNACCI ASSOCIATES ALINDA R MCLEAN Kenneth CONST DON W KLINGLE Winn 796 GERALD P to 111 Cook to WEST Mismash $3989 to ETAL 831 DALE A JACOBSEN ETUX 3088 DON W KL INGLE 761 to Clifford L $338 ETAL to $1866 Insulation Superior 385 V ROSS EKINS JR to H J 327 EMPIRE to Jack TOM L POWERS ETUX 121 CLIFFORD K Klingle etal P Powers CONST RONALD 829 Faco Investment Don Raymond E Dent Address Not Avail E SHERRICK W DIANE Don Prud Fed Sav Guardian Title Co $19,200 2019 E 2920 S McGhie Land 287 K LARSEN & SONS HAL to Western Mortgage Hopi Dr $36,100 321 Carlos Dr Don 315 Neilson B Nation Mar Jorie Insulation to NATION DAWN 717 CHARLES 751 to Jack DIANE S NEILSON 325 3ll2 Jolley etux to Jack D Neilson B to Western Mortgage McGhie Land Title $17,600 6ol9 . McGhie 1168 K LARSEN & SONS HAL RUSSELL VANDERLINDEN ETUX to 6021 etal Butters etal James Douglas DIANE S HEILSON 323 Francisco Dr Don Available to Western Mortgage Land Title $22,600 $17,600 to Western Mortgage Land Title $17,600 to to Title HAL K LARSEN & SONS Tr $21,150 FSBk Security Title $37,100 10171 S 3010 W Riverton 270 322 McGhie ETUX AMERICAN ASSOC INVESTORS Leland i Francisco Dr Don JACK ERNEST JOHNS ETUX $16,100 HAL K LARSEN & SONS 311 ETUX Title Francisco lll6 Fed Sav $18,000 Rayona Av Valley Bk Land to First ETUX HAL K LARSEN & SONS 10l5 S Main St 2li6 ELLIS D KAY ETUX to First Fed Sav $2l,750 9610 S 1981 W 253 CONST Craig D CALLISTER W Me cham B Liens 688 RQBEETE Carolyn etal RUSSELL 296 Quiote Dr I.YNN.D NOREN ETAL'to Nat Bk $38,000 219 286 HAL K LARSEN & SONS CONST to Western Mortgage Land Title $17,600. FSBk Road Conn W JONES to Ann Ross Jose Dr 11125 Security Title $27,000 215 HAL K LARSON & SONS THORA CONST to Western Mortgage McGhie Land Title $21, 000 60l5 Don E YVONNE HAL K LARSEN & SONS Carlos Dr to ETUX Tr $1600 280 to Western Mortgage McGhie Land Title $17,600 6133 Don Address Not Avail Walker Bk $31,081 State 1090 Windell Circle CATHERINE HUNT GOOD SELL 231 CATHERINE HUNT GOODSELL Co $14391 R GOODFELLCW ETUX Lockhart Co Western KENNETH to The States Title E 1025 $225,000 Quit Claim Deed: A deed given when the grantee (buyer) already has,, or dairai complete or partial title to tho premises and the grantor (seller) has possible interest that otherwise would constitute a , cloud upon the title. 631 215 PHILIP V SHEEHAN to Way Sandy 289 JAMES H RANE ETUX to Utah Power & Light En $13,00 to E RUNYAN ETUX JOHN : to BONHAM ETUX 'Quit Claim Deeds United Sav Title Insurance $29,200 1777 E Paulista 1536 PAGE ELEVEN above.' 49-10-- Tho employee in question served as a precinct justice of the peace from January 1935 to December 1938 at an undetermined salary, but one which is not in excess of $30.00 per month. From January 1949 to December 1952 he served as a county cofull-tim- mmissioner, which is e employment, at a 38, our opinion that the provisions of 'Sec. 1953, govern the computation of the omplpyua'ss therefore It is U.C.A. retirement allowance based on Subsection salary of (a) (1) , U.C.A. 1953, gives a retirement allowance for prior service based on the employee's final average salary, but with a ceiling of $500.00. Subsection (a)(2) of the same section uses final average salary, without any 49-10-- deals with the retirement for elected or service. appointed officials, and specifically covers part-tim- e It states 49-10- VERNON 'Dl ROMNEY Attorney General 32 limitation, for computing the retirement allowance for current service. These are added together to reach the figure to which the employee is entitled as a monthly retirement payment. Sec. service. me Respectfully submitted, public service $5,400.00 per year. He had additional part-tias a city councilman from July 1960 to December 1963 at a salary. of $50.00 per month. me part-ti- -38 1 Elective or appointive service rendered on a basis not doemod full time by the board, unless otherwise shall have a provided by this or section the basis of comrotiremcnt allowance computed on, the received official during by pensation actually tho period of service in question, or on the basis of the most recent five-yeaverage compensation work onco performed by paid by the position for the tho retiring member or by a combination of the two basos applied to related service periods if such is 49-10-- Johnson v. State (1966); Tax Commission, 17 Utah2d 337, 411 P. 2d 831 73 Am.Jur.2d, Statutes, Sec. 145. M ffigflSffi liliooo 36, ar SSf' me pushbutton ' doemod more equitable to the system and the retiring member by the retirement board acting upon the advice 111 i of the administrator. a statute is to follow the intorprotingFrom principal aim-itho above provision, it intention of tho legislature. is cloar that tho legislature did not intend to treat part-tinservice on the same basis as full-tim- e service. - does all your routine I vl ip1 Tho vj only remaining consideration is whether the applicaformula chosen by the retirement hoard part-tim- o confixou tho allowanco to the rotiring member so low that Soc. which U.C.A. 1953, flict;:; with' that part of Tliu tion of tho 49-10- it -5, up'juifiu:, "nothing in this act shall bo deemed to diminish, KEY BUSINESS MACHINES 21 Kelsey Avenue Salt Lake City, Utah 3 Phone 532-601- ( B I |