49-23-202.  Participation of employers — Admission requirements.

(1) 

Terms Used In Utah Code 49-23-202

  • 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;
(ii) the state fire marshal appointed under Section 53-7-103 or a deputy state fire marshal; or
(iii) a firefighter service employee who is:
(A) hired on or after July 1, 2021;
(B) trained in firefighter techniques;
(C) assigned to a position of hazardous duty; and
(D) employed by the state as a participating employer. See Utah Code 49-23-102
  • Participating employer: means an employer that meets the participation requirements of:
    (a) Sections 49-14-201 and 49-14-202;
    (b) Sections 49-15-201 and 49-15-202;
    (c) Sections 49-16-201 and 49-16-202; or
    (d) Sections 49-23-201 and 49-23-202. See Utah Code 49-23-102
  • Public safety 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 law enforcement officer in accordance with Section 53-13-103;
    (ii) a correctional officer in accordance with Section 53-13-104;
    (iii) a special function officer approved in accordance with Sections 49-15-201 and 53-13-105;
    (iv) a dispatcher who is certified in accordance with Section 53-6-303;
    (v) a full-time member of the Board of Pardons and Parole created under Section 77-27-2;
    (vi) the commissioner of the Department of Public Safety; or
    (vii) the executive director of the Department of Corrections. See Utah Code 49-23-102
  • Service credit: means :
    (a) the period during which an employee is employed and compensated by a participating employer and meets the eligibility requirements for membership in a system or the Utah Governors' and Legislators' Retirement Plan, provided that any required contributions are paid to the office; and
    (b) periods of time otherwise purchasable under this title. See Utah Code 49-11-102
  • System: means the New Public Safety and Firefighter Tier II Contributory Retirement System created under this chapter. See Utah Code 49-23-102
  • (a)  An employer is a participating employer and may not withdraw from participation in this system.

    (b)  A participating employer shall cover the participating employer’s:

    (i)  public safety service employees in accordance with Section 49-15-202; and

    (ii)  firefighter service employees in accordance with Section 49-16-202.
  • (2) 

    (a)  An employer may, by resolution of the employer’s governing body, apply for admission to this system.

    (b)  Upon approval of the resolution by the board, the employer is a participating employer in this system and is subject to this title.

    (3)  If a participating employer purchases service credit on behalf of a public safety service employee or a firefighter service employee for service rendered prior to the participating employer’s admission to this system, the participating employer shall:

    (a)  purchase service credit in a nondiscriminatory manner on behalf of all current and former public safety service employees or firefighter service employees who were eligible for service credit at the time service was rendered; and

    (b)  comply with the provisions of Section 49-11-403.

    Amended by Chapter 193, 2021 General Session