Utah Code 49-11-406. Governor’s appointed executives and senior staff — Appointed legislative employees — Transfer of value of accrued defined benefit — Procedures
49-11-406. Governor’s appointed executives and senior staff — Appointed legislative employees — Transfer of value of accrued defined benefit — Procedures.
(1)
As used in this section:
Terms Used In Utah Code 49-11-406
At-will employee: means a person who is employed by a participating employer and:
(i)
who is not entitled to merit or civil service protection and is generally considered exempt from a participating employer's merit or career service personnel systems;
(ii)
whose on-going employment status is entirely at the discretion of the person's employer; or
(iii)
who may be terminated without cause by a designated supervisor, manager, or director. See Utah Code 49-11-102
defined benefit system: means a system or plan offered under this title to provide a specified allowance to a retiree or a retiree's spouse after retirement that is based on a set formula involving one or more of the following factors:
defined contribution plan: means any defined contribution plan or deferred compensation plan authorized under the Internal Revenue Code and administered by the board. See Utah Code 49-11-102
Plan: means the Utah Governors' and Legislators' Retirement Plan created by Chapter 19, Utah Governors' and Legislators' Retirement Act, the New Public Employees' Tier II Defined Contribution Plan created by 4, the New Public Safety and Firefighter Tier II Defined Contribution Plan created by 4, or the defined contribution plans created under Section 49-11-801. See Utah Code 49-11-102
Refund interest: means the amount accrued on member contributions at a rate adopted by the board. See Utah Code 49-11-102
Retirement: means the status of an individual who has become eligible, applies for, and is entitled to receive an allowance under this title. See Utah Code 49-11-102
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
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
“Defined benefit balance” means the total amount of the contributions made on behalf of a member to a defined benefit system plus refund interest.
(b)
“Senior staff” means an at-will employee who reports directly to an elected official, executive director, or director and includes a deputy director and other similar, at-will employee positions designated by the governor, the speaker of the House, or the president of the Senate and filed with the Division of Human Resource Management and the Utah StateRetirementOffice.
(2)
In accordance with this section and subject to requirements under federal law and rules made by the board, a member who has service credit from a system may elect to be exempt from coverage under a defined benefit system and to have the member’s defined benefit balance transferred from the defined benefit system or plan to a defined contribution plan in the member’s own name if the member is:
(a)
the state auditor;
(b)
the state treasurer;
(c)
an appointed executive under Subsection 67-22-2(1)(a);
(d)
an employee in the Governor’s Office;
(e)
senior staff in the Governor’s Office of Planning and Budget;
(f)
senior staff in the Governor’s Office of Economic Opportunity;
(g)
senior staff in the Commission on Criminal and Juvenile Justice;
(h)
senior staff in the Public Lands Policy Coordinating Office, created in Section 63L-11-201;
(i)
a legislative employee appointed under Subsection 36-12-7(3)(a); or
(j)
a legislative employee appointed by the speaker of the House of Representatives, the House of Representatives minority leader, the president of the Senate, or the Senate minority leader.
(3)
An election made under Subsection (2):
(a)
is final, and no right exists to make any further election;
(b)
is considered a request to be exempt from coverage under a defined benefits system; and
(c)
shall be made on forms provided by the office.
(4)
The board shall adopt rules to implement and administer this section.
Amended by Chapter 64, 2021 General Session Amended by Chapter 282, 2021 General Session Amended by Chapter 344, 2021 General Session Amended by Chapter 382, 2021 General Session
