Superseded 7/1/2023 49-23-201. System membership — Eligibility.
(1)
Beginning July 1, 2011, a participating employer that employs public safety service employees or firefighter service employees shall participate in this system.
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;
(ii)
the state fire marshal appointed under Section 53-7-103 or a deputy state fire marshal; or
Firefighter service employee: means an employee of a participating employer who provides firefighter service under this chapter. See Utah Code 49-23-102
Participant: means an individual with voluntary deferrals or nonelective contributions on deposit with the defined contribution plans administered under this title. See Utah Code 49-11-102
Participating employer: means an employer that meets the participation requirements of:
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
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 49-23-102
Public safety service employee: means an employee of a participating employer who performs public safety service under this chapter. See Utah Code 49-23-102
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
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
System: means the New Public Safety and Firefighter Tier II Contributory Retirement System created under this chapter. See Utah Code 49-23-102
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 public safety service employee or a firefighter service employee initially entering employment with a participating employer 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, is eligible:
(i)
as a member for service credit and defined contributions under the Tier II hybrid retirement system established by 3; or
(ii)
as a participant for defined contributions under the Tier II defined contributions plan established by 4.
(b)
A public safety service employee or a firefighter service employee initially entering employment with a participating employer on or after July 1, 2011, shall:
(i)
make an election to participate in the system created under this chapter:
(A)
as a member for service credit and defined contributions under the Tier II hybrid retirement system established by 3; or
(B)
as a participant for defined contributions under the Tier II defined contribution plan established by 4; and
(ii)
electronically submit to the office notification of the member’s election under Subsection (2)(b)(i) in a manner approved by the office.
(c)
An election made by a public safety service employee or firefighter service employee initially entering employment with a participating employer under this Subsection (2) is irrevocable beginning one year from the date of eligibility for accrual of benefits.
(d)
If no election is made under Subsection (2)(b)(i), the public safety service employee or firefighter service employee shall become a member eligible for service credit and defined contributions under the Tier II hybrid retirement system established by 3.
(3)
(a)
Beginning July 1, 2015, a public safety service employee who is a dispatcher employed by:
(i)
the state shall be eligible for service credit in this system; and
(ii)
a participating employer other than the state shall be eligible for service credit in this system if the dispatcher’s participating employer elects to cover the participating employer’s dispatchers under this system.
(b)
A participating employer’s election to cover the participating employer’s dispatchers under this system under Subsection (3)(a)(ii) is irrevocable and shall be documented by a resolution adopted by the governing body of the participating employer in accordance with rules made by the office.
(c)
A dispatcher’s service before July 1, 2015, or before a date specified by resolution of a participating employer under Subsection (3)(b), is not eligible for service credit in this system.
(4)
A public safety service employee who is transferred or promoted to an administration position requiring the performance of duties that consist primarily of management or supervision of public safety service employees shall continue to earn public safety service credit in this system during the period in which the employee remains employed in the same department.
(5)
An employee of the Department of Corrections shall continue to earn public safety service credit in this system if:
(a)
the employee’s position is no longer covered under this system for new employees hired on or after July 1, 2015; and
(b)
the employee:
(i)
remains employed by the Department of Corrections;
(ii)
meets the eligibility requirements of this system;
(iii)
was hired into a position covered by this system before July 1, 2015; and
(iv)
has not had a break in service on or after July 1, 2015.
(6)
An employee of the Department of Health and Human Services who is transferred from the Department of Corrections’ clinical services bureau to provide a clinical or health care service to an inmate as defined in Section 64-13-1 shall continue to earn public safety service credit in this system if:
(a)
the employee’s position is no longer covered under this system for new employees hired on or after July 1, 2015; and
(b)
the employee:
(i)
remains employed by the Department of Corrections or the Department of Health and Human Services;
(ii)
meets the eligibility requirements of this system;
(iii)
was hired into a position covered by this system before July 1, 2015; and
(iv)
has not had a break in service on or after July 1, 2015.
