49-13-205.  Conversion to system — Time schedule — Conversion windows.

(1)  An employee governed under Section 49-13-201 shall make the election to participate in this system within six months of July 1, 1986.

Terms Used In Utah Code 49-13-205

  • Agency: means :
(i) a department, division, agency, office, authority, commission, board, institution, or hospital of the state;
(ii) a county, municipality, school district, special district, or special service district;
(iii) a state college or university; or
(iv) any other participating employer. 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
  • Member: means a person, except a retiree, with contributions on deposit with a system, the Utah Governors' and Legislators' Retirement Plan under Chapter 19, Utah Governors' and Legislators' Retirement Act, or with a terminated system. See Utah Code 49-11-102
  • Participating employer: means an employer that meets the participation requirements of Sections 49-13-201 and 49-13-202. See Utah Code 49-13-102
  • Political subdivision: includes special districts, special service districts, or authorities created by the Legislature or by local governments, including the office. See Utah Code 49-11-102
  • Regular full-time employee: includes :
    (i) a teacher whose term of employment for a participating employer contemplates continued employment during a school year and who teaches half time or more;
    (ii) a classified school employee:
    (A) who is hired before July 1, 2013; and
    (B) whose employment normally requires an average of 20 hours per week or more for a participating employer, regardless of benefits provided;
    (iii) an officer, elective or appointive, who earns $500 or more per month, indexed as of January 1, 1990, as provided in Section 49-13-407;
    (iv) a faculty member or employee of an institution of higher education who is considered full time by that institution of higher education; and
    (v) an individual who otherwise meets the definition of this Subsection (5) who performs services for a participating employer through a professional employer organization or similar arrangement. See Utah Code 49-13-102
  • 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
  • System: means the Public Employees' Noncontributory Retirement System. See Utah Code 49-13-102
  • (2) 

    (a) 

    (i)  An employer governed under Sections 49-13-201 and 49-13-202 shall make the election to participate in this system within six months of July 1, 1986.

    (ii)  The employer shall indicate whether or not it elects to participate by enacting a resolution or ordinance to that effect.

    (iii)  Prior to the enactment of the resolution or ordinance, a hearing shall be held by the employer, at which all employees of the political subdivision shall be given an opportunity to be heard on the question of participating in this system.

    (iv)  Notice of the hearing shall be mailed to all employees within 30 days of the hearing and shall contain the time, place, and purpose of the hearing.

    (b)  A regular full-time employee has six months from the date the employer elects to participate in this system in which to make the election to participate in this system and become eligible for service credit in this system.

    (3)  Subsections (1) and (2) shall be used to provide a second time period of conversion to this system beginning July 1, 1990.

    (4)  Subsections (1) and (2) shall be used to provide a third time period of conversion to this system beginning July 1, 1995.

    (5)  Subsection (2) shall be used to provide a fourth time period of conversion to this system beginning July 1, 2009 for an entity created under the authority of Title 11, Chapter 13, Interlocal Cooperation Act, and the entity’s employees.

    (6)  Subsection (2) shall be used to provide a fifth time period of conversion to this system beginning July 1, 2015.

    (7)  A member of the Contributory Retirement System who is employed by one agency and who either transfers to or is reemployed by another agency shall be enrolled in the Noncontributory Retirement System as of the date of employment, if the participating employer has elected to participate in the Noncontributory Retirement System.

    Amended by Chapter 176, 2015 General Session