49-19-201.  Plan participation — Eligibility.

(1)  A governor or legislator is eligible for service credit in this plan during their term of service in their elected position if the governor or legislator:

Terms Used In Utah Code 49-19-201

  • Board: means the Utah State Retirement Board established under Section 49-11-202. See Utah Code 49-11-102
  • 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
  • Governor: includes former governors. See Utah Code 49-19-102
  • Legislator: includes former legislators. See Utah Code 49-19-102
  • Office: means the Utah State Retirement Office. See Utah Code 49-11-102
  • Plan: means the Utah Governors' and Legislators' Retirement Plan created under this chapter. See Utah Code 49-19-102
  • 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 individual retirement systems created by Chapter 12, Public Employees' Contributory Retirement Act, Chapter 13, Public Employees' Noncontributory Retirement Act, Chapter 14, Public Safety Contributory Retirement Act, Chapter 15, Public Safety Noncontributory Retirement Act, Chapter 16, Firefighters' Retirement Act, Chapter 17, Judges' Contributory Retirement Act, Chapter 18, Judges' Noncontributory Retirement Act, and Chapter 19, Utah Governors' and Legislators' Retirement Act, the defined benefit portion of the Tier II Hybrid Retirement System under 3, and the defined benefit portion of the Tier II Hybrid Retirement System under 3. See Utah Code 49-11-102
  • Tier I: means a system or plan under this title for which:
    (a) an employee is eligible to participate if the employee initially enters regular full-time employment before July 1, 2011; or
    (b) a governor or legislator who initially enters office before July 1, 2011. See Utah Code 49-11-102
  • 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:
    (A) 4; or
    (B) 4. See Utah Code 49-11-102
    (a)  entered office before July 1, 2011; or

    (b)  accrued service credit in a Tier I system or plan administered by the board before July 1, 2011.

    (2)  A governor or legislator initially entering office on or after July 1, 2011, who does not have service credit accrued before July 1, 2011, in a Tier I system or plan administered by the board:

    (a)  may not participate in this system;

    (b)  is only eligible to participate in the Tier II Defined Contribution Plan established under 4; and

    (c)  is not eligible to participate in the Tier II hybrid retirement system established under 3.

    Amended by Chapter 15, 2014 General Session