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
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
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
participates in a system or plan under this title prior to July 1, 2014;
(b)
provides mental health and substance abuse services for a county under Section 17-50-318;
(c)
after beginning participation with a system or plan under this title, has modified its federal tax status to a nonprofit organization that qualifies under Section 501(c)(3) of the Internal Revenue Code; and
(d)
is not a stateinstitution of higher education as described in Section 53B-2-101.
(2)
Notwithstanding any other provision of this title, a withdrawing entity may provide for the participation of its employees with that system or plan as follows:
(a)
the withdrawing entity shall determine a date that is no later than January 1, 2017, on which the withdrawing entity shall make an election under Subsection (3); and
(b)
subject to the provisions of Subsection (6), the withdrawing entity shall pay to the office any reasonable actuarial and administrative costs determined by the office to have arisen out of an election made under this section.
(3)
The withdrawing entity described under Subsection (2) may elect to:
(a)
(i)
continue its participation for all current employees of the withdrawing entity, who are covered by a system or plan as of the date set under Subsection (2)(a); and
(ii)
withdraw from participation in all systems or plans for all persons initially entering employment with the withdrawing entity, beginning on the date set under Subsection (2)(a); or
(b)
withdraw from participation in all systems or plans for all current and future employees of the withdrawing entity, beginning on the date set under Subsection (2)(a).
(4)
(a)
An election provided under Subsection (3):
(i)
is a one-time election made no later than the date specified under Subsection (2)(a);
(ii)
shall be documented by a resolution adopted by the governing body of the withdrawing entity;
(iii)
is irrevocable; and
(iv)
applies to the withdrawing entity as the employer and to all employees of the withdrawing entity.
(b)
Notwithstanding an election made under Subsection (3), any eligibility for service credit earned by an employee under this title before the date specified under Subsection (2)(a) is not affected by this section.
(5)
If a withdrawing entity elects to continue participation under Subsection (3), the withdrawing entity shall continue to be subject to the laws and the rules governing the system or plan in which an employee participates, including the accrual of service credit and payment of contributions.
(6)
Before a withdrawing entity may withdraw under this section, the withdrawing entity and the office shall enter into an agreement on:
(a)
the costs described under Subsection (2)(b); and
(b)
arrangements for the payment of the costs described under Subsection (2)(b).
(7)
The board shall make rules to implement this section.
