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S.B. 155

             1     

RETIREMENT BOARD MEMBERSHIP

             2     
2001 GENERAL SESSION

             3     
STATE OF UTAH

             4     
Sponsor: David H. Steele

             5      This act modifies the Utah State Retirement Act by expanding the Utah State Retirement
             6      Board membership.
             7      This act affects sections of Utah Code Annotated 1953 as follows:
             8      AMENDS:
             9          49-1-202, as last amended by Chapter 243, Laws of Utah 1996
             10      Be it enacted by the Legislature of the state of Utah:
             11          Section 1. Section 49-1-202 is amended to read:
             12           49-1-202. Establishment of Utah State Retirement Board -- Quorum -- Terms --
             13      Officers -- Expenses and per diem -- Membership Council established.
             14          (1) There is established the Utah State Retirement Board composed of [seven] nine
             15      members determined as follows:
             16          (a) Four members, with experience in investments or banking, shall be appointed by the
             17      governor from the general public.
             18          (b) One member shall be a school employee appointed by the governor from at least three
             19      nominations submitted by the governing board of a school employees' association representative
             20      of a majority of the school employees who are members of the school employees' retirement
             21      system.
             22          (c) One member shall be a public employee appointed by the governor from at least three
             23      nominations submitted by the governing board of a public employee association representative of
             24      a majority of the public employees who are members of the public employees' retirement system.
             25          (d) One member shall be a city or town officer or employee appointed by the governor
             26      from at least three nominations submitted by the governing board of an association representative
             27      of the cities and towns who are members of the Public Employees' Retirement System or the


             28      Public Employees' Noncontributory Retirement System.
             29          (e) One member shall be a county officer or employee appointed by the governor from at
             30      least three nominations submitted by the governing board of an association representative of
             31      counties who are members of the Public Employees' Retirement System or the Public Employees'
             32      Noncontributory Retirement System.
             33          [(d)] (f) One member shall be the state treasurer, who shall serve as an ex officio member
             34      with full voting privileges.
             35          (2) [Four] Five members constitute a quorum for the purpose of doing all business.
             36          (3) (a) All appointments to the board shall be made on a nonpartisan basis, with the advice
             37      and consent of the Senate.
             38          (b) Members shall serve until their successors are appointed and take the constitutional
             39      oath of office.
             40          (c) When a vacancy occurs in the membership for any reason, the replacement shall be
             41      appointed for the unexpired term.
             42          (d) Members appointed to the board between sessions of the Legislature shall serve with
             43      full authority until acted upon by the Senate in session.
             44          (4) (a) Except as required by Subsection (4)(b), all appointed members shall serve for
             45      four-year terms.
             46          (b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the time
             47      of appointment or reappointment, adjust the length of terms to ensure that the terms of board
             48      members are staggered so that approximately half of the board is appointed every two years.
             49          (c) Public employees or educators who retire or otherwise terminate their employment with
             50      a covered unit shall immediately resign from the board.
             51          (5) Each year the board shall elect a president and vice president from its membership.
             52      Each member shall be reimbursed for expenses incurred in service to the board. Each member
             53      shall receive a per diem plus travel expenses provided by law for attending board meetings.
             54          (6) The board shall establish a membership council to advise and counsel with the board
             55      and the director on policies affecting members of the various systems administered by the
             56      retirement office. The board may pay the travel expenses of members who attend council
             57      meetings.
             58          (7) [Beginning July 1, 1991, the] The membership council shall be composed of 13


             59      members selected as follows:
             60          (a) Three members shall be school employees selected by the governing board of an
             61      association representative of a majority of school employees who are members of the Public
             62      Employees' Retirement System or the Public Employees' Noncontributory Retirement System.
             63          (b) One member shall be a classified school employee selected by the governing board of
             64      an association representative of a majority of classified school employees who are members of the
             65      Public Employees' Retirement System or the Public Employees' Noncontributory Retirement
             66      System.
             67          (c) Two members shall be public employees selected by the governing board of an
             68      association representative of a majority of the public employees who are members of the Public
             69      Employees' Retirement System or the Public Employees' Noncontributory Retirement System.
             70          (d) One member shall be a city or town officer or employee selected by the governing
             71      board of an association representative of the cities and towns who are members of the Public
             72      Employees' Retirement System or the Public Employees' Noncontributory Retirement System.
             73          (e) One member shall be a county officer or employee selected by the governing board of
             74      an association representative of counties who are members of the Public Employees' Retirement
             75      System or the Public Employees' Noncontributory Retirement System.
             76          (f) One member shall be a representative of members of the Judges' Retirement System
             77      selected by the Judicial Council.
             78          (g) One member shall be a representative of members of the Public Safety Retirement
             79      System selected by the governing board of an association representative of the majority of peace
             80      officers who are members of the Public Safety Retirement System.
             81          (h) One member shall be a representative of members of the Firefighters' Retirement
             82      System selected by the governing board of an association representative of the majority of paid
             83      professional firefighters who are members of the Firefighters' Retirement System.
             84          (i) One member shall be a retired member selected by the Utah Association of Retired
             85      Public Employees.
             86          (j) One member shall be a retired member selected by the Utah Retired School Employees'
             87      Association.
             88          (8) (a) Members shall be appointed as provided for in Subsection (7).
             89          (b) Except as required by Subsection (8)(c), as terms of current council members expire,


             90      the board shall appoint each new member or reappointed member to a four-year term.
             91          (c) Notwithstanding the requirements of Subsection (8)(b), the board shall, at the time of
             92      appointment or reappointment, adjust the length of terms to ensure that the terms of council
             93      members are staggered so that approximately half of the council is appointed every two years.
             94          (d) Each term expires on June 30 in the year of expiration.
             95          (e) When a vacancy occurs in the membership for any reason, the replacement shall be
             96      appointed for the unexpired term.
             97          (9) The council shall designate one council member as chair annually.
             98          (10) The council shall:
             99          (a) recommend benefits and policies for members of any system administered by the board
             100      to the board and to the Legislature;
             101          (b) recommend procedures and practices to improve the administration of the system and
             102      the public employee relations responsibilities of the board and office;
             103          (c) examine the record of all decisions affecting retirement benefits;
             104          (d) submit nominations to the board for the position of executive director if that position
             105      is vacant; and
             106          (e) act upon all other duties assigned to it by the board.




Legislative Review Note
    as of 12-28-00 10:34 AM


A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel


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