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
Plan: means the Utah Governors' and Legislators' Retirement Plan created by Chapter 19, Utah Governors' and Legislators' Retirement Act, the New Public Employees' Tier II Defined Contribution Plan created by 4, the New Public Safety and Firefighter Tier II Defined Contribution Plan created by 4, or the defined contribution plans created under Section 49-11-801. See Utah Code 49-11-102
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 appointive officer whose appointed position is full time as certified by the participating employer;
(iv)
the governor, the lieutenant governor, the state auditor, the state treasurer, the attorney general, and a state legislator;
(v)
an elected official not included under Subsection (6)(b)(iv) whose elected position is full time as certified by the participating employer;
(vi)
a faculty member or employee of an institution of higher education who is considered full time by that institution of higher education; and
(vii)
an individual who otherwise meets the definition of this Subsection (6) who performs services for a participating employer through a professional employer organization or similar arrangement. See Utah Code 49-22-102
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 New Public Employees' Tier II Contributory Retirement System created under this chapter. See Utah Code 49-22-102
(2)
The following employers may be excluded from participation in this system:
(a)
an employer not initially admitted or included as a participating employer in this system before January 1, 1982, if:
(i)
the employer elects not to provide or participate in any type of private or public retirement, supplemental or defined contribution plan, either directly or indirectly, for its employees, except for Social Security; or
(ii)
the employer offers another collectively bargained retirement benefit and has continued to do so on an uninterrupted basis since that date;
(b)
an employer that is a charter school authorized under 3, and does not elect to participate in accordance with Section 53G-5-407; or
(c)
an employer that is a risk management association initially created by interlocal agreement before 1986 for the purpose of implementing a self-insurance joint protection program for the benefit of member municipalities of the association.
(3)
If an employer that may be excluded under Subsection (2)(a)(i) elects at any time to provide or participate in any type of public or private retirement, supplemental or defined contribution plan, either directly or indirectly, except for Social Security, the employer shall be a participating employer in this system regardless of whether the employer has applied for admission under Subsection (4).
(4)
(a)
An employer may, by resolution of its governing body, apply for admission to this system.
(b)
Upon approval of the resolution by the board, the employer is a participating employer in this system and is subject to this title.
(5)
If a participating employer purchases service credit on behalf of a regular full-time employee for service rendered prior to the participating employer’s admission to this system, the participating employer:
(a)
shall purchase credit in a nondiscriminatory manner on behalf of all current and former regular full-time employees who were eligible for service credit at the time service was rendered; and
(b)
shall comply with the provisions of Section 49-11-403.
