Utah Code 49-16-203. Exemption of certain employees from coverage

49-16-203. Exemption of certain employees from coverage — Exception.

(1)	A firefighter service employee serving as the chief of any fire department or district is excluded from coverage under this system if that firefighter service employee files a formal written request seeking exemption.

Board: means the Utah State Retirement Board established under Section 49-11-202. See Utah Code 49-11-102
Employer: means any department, educational institution, or political subdivision of the state eligible to participate in a government-sponsored retirement system under federal law. See Utah Code 49-11-102
Firefighter service: means employment normally requiring an average of 2,080 hours of regularly scheduled employment per year rendered by a member who is:

(i)	a firefighter service employee trained in firefighter techniques and assigned to a position of hazardous duty with a regularly constituted fire department; or

(ii)	the state fire marshal appointed under Section 53-7-103 or a deputy state fire marshal. See Utah Code 49-16-102 Firefighter service employee: means an employee of a participating employer who provides firefighter service under this chapter. See Utah Code 49-16-102 System: means the Firefighters' Retirement System created under this chapter. See Utah Code 49-16-102
(2)	The chief of any fire department or district who retires from that position shall comply with the provisions of Section 49-11-504 and 12, upon reemployment by the participating employer.

(3)

An employee’s exclusion, exemption, participation, or election described in this section:

(a)	shall be made in accordance with this section; and

(b)	is subject to requirements under federal law and rules made by the board.

Amended by Chapter 24, 2020 General Session

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