An employer that employs firefighter service employees and is required by Section 49-12-202 or 49-13-202 to be a participating employer in the Public Employees’ Contributory RetirementSystem or the Public Employees’ Noncontributory Retirement System shall cover all of its firefighter service employees under one of the following systems or plans:
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
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
Firefighter 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 firefighter service employee trained in firefighter techniques and assigned to a position of hazardous duty with a regularly constituted fire department; or
(ii)
the state fire marshal appointed under Section 53-7-103 or a deputy state fire marshal. See Utah Code 49-16-102
Firefighter service employee: means an employee of a participating employer who provides firefighter service under this chapter. See Utah Code 49-16-102
Participating employer: means an employer that meets the participation requirements of Section 49-16-201. See Utah Code 49-16-102
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
System: means the Firefighters' Retirement System created under this chapter. See Utah Code 49-16-102
Tier II: includes :
(i)
the Tier II hybrid system established under:
(A)
3; or
(B)
3; and
(ii)
the Tier II Defined Contribution Plan (Tier II DC Plan) established under:
Any employer that covers its firefighter service employees under Subsection (1)(c) is a participating employer in this system.
(3)
If a participating employer under Subsection (1) covers any of its firefighter service employees under the Firefighters’ Retirement System, that participating employer shall cover all of its firefighter service employees under that system, except for a firefighter service employee initially entering employment with a participating employer on or after July 1, 2011.
(4)
(a)
Until June 30, 2011, an employer that is not participating in this system may, by resolution of its governing body submitted to the board, apply for coverage of its firefighter service employees by this system.
(b)
Upon approval of the board, the employer shall become a participating employer in this system subject to this title.
(5)
A participating employer may not withdraw from this system.
(6)
In addition to their participation in the system, participating employers may provide or participate in any additional public or private retirement, supplemental or defined contribution plan, either directly or indirectly, for their firefighter service employees.
