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
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 49-15-102
Public safety service employee: means an employee of a participating employer who performs public safety service under this chapter. See Utah Code 49-15-102
System: means the Public Safety Noncontributory Retirement System created under this chapter. See Utah Code 49-15-102
(a)
is serving:
(i)
as the Commissioner of Public Safety;
(ii)
as the executive director of the Department of Corrections; or
(iii)
as the elected or appointed sheriff or chief of police of a public safety organization; and
(b)
files a formal written request seeking the exemption.
(2)
Except as provided in Subsection (3), the public safety service employee may not continue employment with the same participating employer and receive an allowance from the office based on public safety service at the same time.
(3)
(a)
The Commissioner of Public Safety, an elected sheriff, or an appointed chief of police who is eligible to retire under Section 49-15-401 may until July 1, 2010:
(i)
retire from this system and receive an allowance;
(ii)
continue in the elected or appointed position; and
(iii)
file for the exemption under Subsection (1).
(b)
A person who makes an election under Subsection (3)(a) may continue under the terms of the election.
(4)
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.
