Utah Code 49-15-204. Conversion to system — Time schedule

49-15-204. Conversion to system — Time schedule.
The following laws govern conversion to the Public Safety Noncontributory Retirement System:

(1)	For an employee governed by Subsection 49-15-201(1)(a), the election to participate in this system shall be made within six months of July 1, 1989.

Terms Used In Utah Code 49-15-204

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
Person: means :Utah Code 68-3-12.5
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

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 Safety Noncontributory Retirement System created under this chapter. See Utah Code 49-15-102

(2)

(a)

(i)	For an employer governed by Subsection 49-15-201(2)(a), the election to participate in this system shall be made within six months of July 1, 1989.

(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 public safety service employees of the employer 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 public safety service employees within 30 days of the hearing and shall contain the time, place, and purpose of the hearing.

(b)	A public safety service employee of an employer, prior to its election to participate, has six months from the date the employer elects to participate in which to elect to become eligible for service credit in this system.

(3)

(a)	Subsections (1) and (2) shall be used to provide a time period of conversion to the Public Safety Noncontributory Retirement System beginning July 1, 1998, and ending December 31, 1998.

(b)	A person converting to the system during this time period is subject to all the rights, limitations, terms, and conditions of Chapter 15, Public Safety Noncontributory Retirement Act.

(4)

Subsections (1) and (2) shall be used to provide a time period for an appointed chief of police to convert to the Public Safety Noncontributory Retirement System beginning July 1, 2002, and ending December 31, 2002. A chief of police converting to the system during this time period shall be subject to all the rights, limitations, terms, and conditions of Chapter 15, Public Safety Noncontributory Retirement Act, including an employer’s election under Subsection (2).

(5)

(a)	Subsections (1) and (2) shall be used to provide a time period of conversion to the Public Safety Noncontributory Retirement System beginning July 1, 2007, and ending December 31, 2007.

(b)	A person converting to the system during this time period is subject to all the rights, limitations, terms, and conditions of Chapter 15, Public Safety Noncontributory Retirement Act.

(6)

(a)	Subsections (1) and (2) shall be used to provide a time period of conversion to the Public Safety Noncontributory Retirement System beginning July 1, 2014, and ending December 31, 2014.

(b)	A person converting to the system during this time period is subject to all the rights, limitations, terms, and conditions of Chapter 15, Public Safety Noncontributory Retirement Act.

Amended by Chapter 133, 2014 General Session

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