S.B. 28

This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Mon, Jan 27, 2014 at 3:32 PM by lpoole. --> This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Mon, Jan 27, 2014 at 4:02 PM by lpoole. --> This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Mon, Jan 27, 2014 at 4:09 PM by lpoole. --> This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Mon, Jan 27, 2014 at 4:25 PM by lpoole. --> This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Mon, Jan 27, 2014 at 4:28 PM by lpoole. --> This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Mon, Jan 27, 2014 at 5:07 PM by lpoole. --> This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Tue, Jan 28, 2014 at 12:00 PM by lpoole. -->             


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Senate 2nd Reading Amendments 1-27-2014 lp/sch
1
    
UTAH RETIREMENT AMENDMENTS

             2     
2014 GENERAL SESSION

             3     
STATE OF UTAH

             4     
Chief Sponsor: Todd Weiler

             5     
House Sponsor: ____________

             6     

             7      LONG TITLE
             8      Committee Note:
             9          The Retirement and Independent Entities Interim Committee recommended this bill.
             10      General Description:
             11          This bill modifies the Utah State Retirement and Insurance Benefit Act and the Utah
             12      State Personnel Management Act by amending retirement provisions.
             13      Highlighted Provisions:
             14          This bill:
             15          .    clarifies definitions;
             16          .    replaces mention of the Teachers Insurance and Annuity Association of America
             17      with a retirement plan offered by a public or private system, organization, or
             18      company designated by the State Board of Regents;
             19          .    clarifies that a governor, legislator, other full-time elected official, or employee with
             20      Tier I service credit in a system or plan administered by the Utah State Retirement
             21      Board may only participate in another Tier I system or plan if the individual enters
             22      office or employment with a participating employer on or after July 1, 2011;
             23          .    expands the annual CPI increases for postretirement earnings limitations to include
             24      reemployed earnings that are based on one-half of final average salary;
             25          .    clarifies reporting provisions for participating S. [ employees ] employers .S regarding
             25a      the employees'
             26      accrual of service credit;
             27          .    eliminates the requirement that certain retirement application forms must be



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Senate 2nd Reading Amendments 1-27-2014 lp/sch
             28
     notarized when submitted to the Utah State Retirement Office;
             29          .    provides that a beneficiary who qualifies for a monthly benefit must apply in writing
             30      to the Utah State Retirement Office and that the allowance shall begin on the first
             31      day of the month following the month in which the participant died if the
             32      application is received within 90 days of the death, or the following month if the
             33      application is received by the office more than 90 days after the date of death;
             34          .    provides that for certain employer service credit purchases, an employee is not
             35      required to have at least four years of service credit or to forfeit service credit or any
             36      defined contribution balance;
             37          .    provides that a minor child beneficiary may receive a refund of a deceased
             38      member's public safety member contributions;
             39          .    clarifies that a judge with 25 or more years of service credit does not get penalized
             40      for retiring before age 65;
             41          .    provides that an eligible employee in the Tier II public employees system includes
             42      an employee who is covered by a retirement program offered by another public or
             43      private system, organization, or company designated by the State Board of Regents;
             44          .    provides that a person who is receiving long-term disability benefits may only
             45      accrue service credit until the earlier of date of death, the date the person retires, or
             46      the date the person has accumulated or would have accumulated service credit in a
             47      defined benefit system or plan under this title, sufficient to be eligible to retire with
             48      an unreduced benefit;
             49          .    clarifies that a qualifying employee must be receiving paid leave benefits to be
             50      eligible to receive the state employee matching supplemental defined contribution
             51      benefit; and
             52          .    makes technical changes.
             53      Money Appropriated in this Bill:
             54          None
             55      Other Special Clauses:
             56           S. [ None ] This bill takes effect immediately. .S
             57      Utah Code Sections Affected:
             58      AMENDS:



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             59
         49-11-102, as last amended by Laws of Utah 2013, Chapters 215 and 316
             60          49-11-201, as last amended by Laws of Utah 2004, Chapter 118
             61          49-11-403, as last amended by Laws of Utah 2011, Chapters 366 and 439
             62          49-11-505, as last amended by Laws of Utah 2013, Chapter 48
             63          49-11-603, as last amended by Laws of Utah 2008, Chapter 252
             64          49-11-610, as renumbered and amended by Laws of Utah 2002, Chapter 250
             65          49-12-201, as last amended by Laws of Utah 2010, Chapter 266
             66          49-12-202, as last amended by Laws of Utah 2009, Chapters 51 and 165
             67          49-12-203, as last amended by Laws of Utah 2013, Chapters 310 and 316
             68          49-12-204, as last amended by Laws of Utah 2013, Chapter 316
             69          49-12-401, as last amended by Laws of Utah 2013, Chapter 215
             70          49-12-402, as last amended by Laws of Utah 2011, Chapter 439
             71          49-13-102, as last amended by Laws of Utah 2013, Chapters 109 and 127
             72          49-13-201, as last amended by Laws of Utah 2010, Chapter 266
             73          49-13-202, as last amended by Laws of Utah 2012, Chapter 298
             74          49-13-203, as last amended by Laws of Utah 2013, Chapters 310 and 316
             75          49-13-204, as last amended by Laws of Utah 2013, Chapter 316
             76          49-13-401, as last amended by Laws of Utah 2013, Chapter 215
             77          49-13-402, as last amended by Laws of Utah 2011, Chapter 439
             78          49-14-201, as last amended by Laws of Utah 2010, Chapter 266
             79          49-14-401, as last amended by Laws of Utah 2013, Chapter 215
             80          49-14-501, as last amended by Laws of Utah 2011, Chapter 439
             81          49-14-504, as last amended by Laws of Utah 2011, Chapter 366
             82          49-15-201, as last amended by Laws of Utah 2010, Chapter 266
             83          49-15-202, as last amended by Laws of Utah 2010, Chapter 266
             84          49-15-401, as last amended by Laws of Utah 2013, Chapter 215
             85          49-15-501, as last amended by Laws of Utah 2011, Chapter 439
             86          49-15-504, as last amended by Laws of Utah 2011, Chapter 366
             87          49-16-201, as last amended by Laws of Utah 2011, Chapter 366
             88          49-16-401, as last amended by Laws of Utah 2013, Chapter 215
             89          49-16-504, as last amended by Laws of Utah 2011, Chapter 366



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             90
         49-17-401, as last amended by Laws of Utah 2011, Chapter 439
             91          49-17-402, as last amended by Laws of Utah 2010, Chapter 264
             92          49-17-502, as last amended by Laws of Utah 2009, Chapter 224
             93          49-18-401, as last amended by Laws of Utah 2011, Chapter 439
             94          49-18-402, as last amended by Laws of Utah 2010, Chapter 264
             95          49-18-502, as last amended by Laws of Utah 2009, Chapter 224
             96          49-19-201, as last amended by Laws of Utah 2010, Chapter 266
             97          49-19-401, as last amended by Laws of Utah 2004, Chapter 118
             98          49-21-102, as last amended by Laws of Utah 2013, Chapter 316
             99          49-22-201, as last amended by Laws of Utah 2011, Chapter 439
             100          49-22-203, as last amended by Laws of Utah 2013, Chapter 316
             101          49-22-204, as enacted by Laws of Utah 2010, Chapter 266
             102          49-22-304, as last amended by Laws of Utah 2013, Chapter 215
             103          49-23-201, as last amended by Laws of Utah 2011, Chapter 439
             104          49-23-303, as last amended by Laws of Utah 2013, Chapter 215
             105          49-23-503, as last amended by Laws of Utah 2013, Chapter 40
             106          67-19-43, as enacted by Laws of Utah 2013, Chapter 277
             107      ENACTS:
             108          49-21-408, Utah Code Annotated 1953
             109     

             110      Be it enacted by the Legislature of the state of Utah:
             111          Section 1. Section 49-11-102 is amended to read:
             112           49-11-102. Definitions.
             113          As used in this title:
             114          (1) (a) "Active member" means a member who:
             115          (i) is employed by a participating employer and accruing service credit; or [who]
             116          (ii) within the previous 120 days:
             117          (A) has been employed by a participating employer [within the previous 120 days.];
             118      and
             119          (B) accrued service credit.
             120          (b) "Active member" does not include [retirees] a retiree.



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             121
         (2) "Actuarial equivalent" means a benefit of equal value when computed upon the
             122      basis of mortality tables as recommended by the actuary and adopted by the executive director,
             123      including regular interest.
             124          (3) "Actuarial interest rate" means the interest rate as recommended by the actuary and
             125      adopted by the board upon which the funding of system costs and benefits are computed.
             126          (4) (a) "Agency" means:
             127          (i) a department, division, agency, office, authority, commission, board, institution, or
             128      hospital of the state;
             129          (ii) a county, municipality, school district, local district, or special service district;
             130          (iii) a state college or university; or
             131          (iv) any other participating employer.
             132          (b) "Agency" does not include an entity listed under Subsection (4)(a)(i) that is a
             133      subdivision of another entity listed under Subsection (4)(a).
             134          (5) "Allowance" or "retirement allowance" means the pension plus the annuity,
             135      including any cost of living or other authorized adjustments to the pension and annuity.
             136          (6) "Alternate payee" means a member's former spouse or family member eligible to
             137      receive payments under a Domestic Relations Order in compliance with Section 49-11-612 .
             138          (7) "Amortization rate" means the board certified percent of salary required to amortize
             139      the unfunded actuarial accrued liability in accordance with policies established by the board
             140      upon the advice of the actuary.
             141          (8) "Annuity" means monthly payments derived from member contributions.
             142          (9) "Appointive officer" means an employee appointed to a position for a definite and
             143      fixed term of office by official and duly recorded action of a participating employer whose
             144      appointed position is designated in the participating employer's charter, creation document, or
             145      similar document, and:
             146          (a) who earns $500 or more per month, indexed as of January 1, 1990, as provided in
             147      Section 49-12-407 for a Tier I appointive officer; and
             148          (b) whose appointive position is full-time as certified by the participating employer for
             149      a Tier II appointive officer.
             150          (10) (a) "At-will employee" means a person who is employed by a participating
             151      employer and:



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             152
         (i) who is not entitled to merit or civil service protection and is generally considered
             153      exempt from a participating employer's merit or career service personnel systems;
             154          (ii) whose on-going employment status is entirely at the discretion of the person's
             155      employer; or
             156          (iii) who may be terminated without cause by a designated supervisor, manager, or
             157      director.
             158          (b) "At-will employee" does not include a career employee who has obtained a
             159      reasonable expectation of continued employment based on inclusion in a participating
             160      employer's merit system, civil service protection system, or career service personnel systems,
             161      policies, or plans.
             162          (11) "Beneficiary" means any person entitled to receive a payment under this title
             163      through a relationship with or designated by a member, participant, covered individual, or
             164      alternate payee of a defined contribution plan.
             165          (12) "Board" means the Utah State Retirement Board established under Section
             166      49-11-202 .
             167          (13) "Board member" means a person serving on the Utah State Retirement Board as
             168      established under Section 49-11-202 .
             169          (14) "Certified contribution rate" means the board certified percent of salary paid on
             170      behalf of an active member to the office to maintain the system on a financially and actuarially
             171      sound basis.
             172          (15) "Contributions" means the total amount paid by the participating employer and the
             173      member into a system or to the Utah Governors' and Legislators' Retirement Plan under
             174      Chapter 19, Utah Governors' and Legislators' Retirement Act.
             175          (16) "Council member" means a person serving on the Membership Council
             176      established under Section 49-11-202 .
             177          (17) "Covered individual" means any individual covered under Chapter 20, Public
             178      Employees' Benefit and Insurance Program Act.
             179          (18) "Current service" means covered service under:
             180          (a) Chapter 12, Public Employees' Contributory Retirement Act;
             181          (b) Chapter 13, Public Employees' Noncontributory Retirement Act;
             182          (c) Chapter 14, Public Safety Contributory Retirement Act;



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             183
         (d) Chapter 15, Public Safety Noncontributory Retirement Act;
             184          (e) Chapter 16, Firefighters' Retirement Act;
             185          (f) Chapter 17, Judges' Contributory Retirement Act;
             186          (g) Chapter 18, Judges' Noncontributory Retirement Act;
             187          (h) Chapter 19, Utah Governors' and Legislators' Retirement Act;
             188          (i) Chapter 22, New Public Employees' Tier II Contributory Retirement Act; or
             189          (j) Chapter 23, New Public Safety and Firefighter Tier II Contributory Retirement Act.
             190          (19) "Defined benefit" or "defined benefit plan" or "defined benefit system" means a
             191      system or plan offered under this title to provide a specified allowance to a retiree or a retiree's
             192      spouse after retirement that is based on a set formula involving one or more of the following
             193      factors:
             194          (a) years of service;
             195          (b) final average monthly salary; or
             196          (c) a retirement multiplier.
             197          (20) "Defined contribution" or "defined contribution plan" means any defined
             198      contribution plan or deferred compensation plan authorized under the Internal Revenue Code
             199      and administered by the board.
             200          (21) "Educational institution" means a political subdivision or instrumentality of the
             201      state or a combination thereof primarily engaged in educational activities or the administration
             202      or servicing of educational activities, including:
             203          (a) the State Board of Education and its instrumentalities;
             204          (b) any institution of higher education and its branches;
             205          (c) any school district and its instrumentalities;
             206          (d) any vocational and technical school; and
             207          (e) any entity arising out of a consolidation agreement between entities described under
             208      this Subsection (21).
             209          (22) "Elected official":
             210          (a) means a person elected to a state office, county office, municipal office, school
             211      board or school district office, local district office, or special service district office;
             212          (b) includes a person who is appointed to serve an unexpired term of office described
             213      under Subsection (22)(a); and



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             214
         (c) does not include a judge or justice who is subject to a retention election under
             215      Section 20A-12-201 .
             216          (23) (a) "Employer" means any department, educational institution, or political
             217      subdivision of the state eligible to participate in a government-sponsored retirement system
             218      under federal law.
             219          (b) "Employer" may also include an agency financed in whole or in part by public
             220      funds.
             221          (24) "Exempt employee" means an employee working for a participating employer:
             222          (a) who is not eligible for service credit under Section 49-12-203 , 49-13-203 ,
             223      49-14-203 , 49-15-203 , or 49-16-203 ; and
             224          (b) for whom a participating employer is not required to pay contributions or
             225      nonelective contributions.
             226          (25) "Final average monthly salary" means the amount computed by dividing the
             227      compensation received during the final average salary period under each system by the number
             228      of months in the final average salary period.
             229          (26) "Fund" means any fund created under this title for the purpose of paying benefits
             230      or costs of administering a system, plan, or program.
             231          (27) (a) "Inactive member" means a member who has not been employed by a
             232      participating employer for a period of at least 120 days.
             233          (b) "Inactive member" does not include retirees.
             234          (28) (a) "Initially entering" means hired, appointed, or elected for the first time, in
             235      current service as a member with any participating employer.
             236          (b) "Initially entering" does not include a person who has any prior service credit on
             237      file with the office.
             238          (c) "Initially entering" includes an employee of a participating employer, except for an
             239      employee that is not eligible under a system or plan under this title, who:
             240          (i) does not have any prior service credit on file with the office;
             241          (ii) is covered by a retirement plan other than a retirement plan created under this title;
             242      and
             243          (iii) moves to a position with a participating employer that is covered by this title.
             244          (29) "Institution of higher education" means an institution described in Section



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             245
     53B-1-102 .
             246          (30) (a) "Member" means a person, except a retiree, with contributions on deposit with
             247      a system, the Utah Governors' and Legislators' Retirement Plan under Chapter 19, Utah
             248      Governors' and Legislators' Retirement Act, or with a terminated system.
             249          (b) "Member" also includes leased employees within the meaning of Section 414(n)(2)
             250      of the Internal Revenue Code, if the employees have contributions on deposit with the office.
             251      If leased employees constitute less than 20% of the participating employer's work force that is
             252      not highly compensated within the meaning of Section 414(n)(5)(c)(ii), Internal Revenue Code,
             253      "member" does not include leased employees covered by a plan described in Section 414(n)(5)
             254      of the federal Internal Revenue Code.
             255          (31) "Member contributions" means the sum of the contributions paid to a system or
             256      the Utah Governors' and Legislators' Retirement Plan, including refund interest if allowed by a
             257      system, and which are made by:
             258          (a) the member; and
             259          (b) the participating employer on the member's behalf under Section 414(h) of the
             260      Internal Revenue Code.
             261          (32) "Nonelective contribution" means an amount contributed by a participating
             262      employer into a participant's defined contribution account.
             263          (33) "Normal cost rate":
             264          (a) means the percent of salary that is necessary for a retirement system that is fully
             265      funded to maintain its fully funded status; and
             266          (b) is determined by the actuary based on the assumed rate of return established by the
             267      board.
             268          (34) "Office" means the Utah State Retirement Office.
             269          (35) "Participant" means an individual with voluntary deferrals or nonelective
             270      contributions on deposit with the defined contribution plans administered under this title.
             271          (36) "Participating employer" means a participating employer, as defined by Chapter
             272      12, Public Employees' Contributory Retirement Act, Chapter 13, Public Employees'
             273      Noncontributory Retirement Act, Chapter 14, Public Safety Contributory Retirement Act,
             274      Chapter 15, Public Safety Noncontributory Retirement Act, Chapter 16, Firefighters'
             275      Retirement Act, Chapter 17, Judges' Contributory Retirement Act, and Chapter 18, Judges'



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             276
     Noncontributory Retirement Act, or an agency financed in whole or in part by public funds
             277      which is participating in a system or plan as of January 1, 2002.
             278          (37) "Part-time appointed board member" means a person:
             279          (a) who is appointed to serve as a member of a board, commission, council, committee,
             280      or panel of a participating employer; and
             281          (b) whose service as a part-time appointed board member does not qualify as a regular
             282      full-time employee as defined under Section 49-12-102 , 49-13-102 , or 49-22-102 .
             283          (38) "Pension" means monthly payments derived from participating employer
             284      contributions.
             285          (39) "Plan" means the Utah Governors' and Legislators' Retirement Plan created by
             286      Chapter 19, Utah Governors' and Legislators' Retirement Act, the New Public Employees' Tier
             287      II Defined Contribution Plan created by Chapter 22, Part 4, Tier II Defined Contribution Plan,
             288      the New Public Safety and Firefighter Tier II Defined Contribution Plan created by Chapter 23,
             289      Part 4, Tier II Defined Contribution Plan, or the defined contribution plans created under
             290      Section 49-11-801 .
             291          (40) (a) "Political subdivision" means any local government entity, including cities,
             292      towns, counties, and school districts, but only if the subdivision is a juristic entity that is legally
             293      separate and distinct from the state and only if its employees are not by virtue of their
             294      relationship to the entity employees of the state.
             295          (b) "Political subdivision" includes local districts, special service districts, or
             296      authorities created by the Legislature or by local governments, including the office.
             297          (c) "Political subdivision" does not include a project entity created under Title 11,
             298      Chapter 13, Interlocal Cooperation Act, that was formed prior to July 1, 1987.
             299          (41) "Program" means the Public Employees' Insurance Program created under Chapter
             300      20, Public Employees' Benefit and Insurance Program Act, or the Public Employees'
             301      Long-Term Disability program created under Chapter 21, Public Employees' Long-Term
             302      Disability Act.
             303          (42) "Public funds" means those funds derived, either directly or indirectly, from public
             304      taxes or public revenue, dues or contributions paid or donated by the membership of the
             305      organization, used to finance an activity whose objective is to improve, on a nonprofit basis,
             306      the governmental, educational, and social programs and systems of the state or its political



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             307
     subdivisions.
             308          (43) "Qualified defined contribution plan" means a defined contribution plan that
             309      meets the requirements of Section 401(k) or Section 403(b) of the Internal Revenue Code.
             310          (44) (a) "Reemployed," "reemploy," or "reemployment" means work or service
             311      performed for a participating employer after retirement, in exchange for compensation.
             312          (b) Reemployment includes work or service performed on a contract for a participating
             313      employer if the retiree is:
             314          (i) listed as the contractor; or
             315          (ii) an owner, partner, or [principle] principal of the contractor.
             316          (45) "Refund interest" means the amount accrued on member contributions at a rate
             317      adopted by the board.
             318          (46) "Retiree" means an individual who has qualified for an allowance under this title.
             319          (47) "Retirement" means the status of an individual who has become eligible, applies
             320      for, and is entitled to receive an allowance under this title.
             321          (48) "Retirement date" means the date selected by the member on which the member's
             322      retirement becomes effective with the office.
             323          (49) "Retirement related contribution":
             324          (a) means any employer payment to any type of retirement plan or program made on
             325      behalf of an employee; and
             326          (b) does not include Social Security payments or Social Security substitute payments
             327      made on behalf of an employee.
             328          (50) "Service credit" means:
             329          (a) the period during which an employee is employed and compensated by a
             330      participating employer and meets the eligibility requirements for membership in a system or the
             331      Utah Governors' and Legislators' Retirement Plan, provided that any required contributions are
             332      paid to the office; and
             333          (b) periods of time otherwise purchasable under this title.
             334          (51) "System" means the individual retirement systems created by Chapter 12, Public
             335      Employees' Contributory Retirement Act, Chapter 13, Public Employees' Noncontributory
             336      Retirement Act, Chapter 14, Public Safety Contributory Retirement Act, Chapter 15, Public
             337      Safety Noncontributory Retirement Act, Chapter 16, Firefighters' Retirement Act, Chapter 17,



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             338
     Judges' Contributory Retirement Act, Chapter 18, Judges' Noncontributory Retirement Act, and
             339      Chapter 19, Utah Governors' and Legislators' Retirement Act, the defined benefit portion of the
             340      Tier II Hybrid Retirement System under Chapter 22, Part 3, Tier II Hybrid Retirement System,
             341      and the defined benefit portion of the Tier II Hybrid Retirement System under Chapter 23, Part
             342      3, Tier II Hybrid Retirement System.
             343          (52) "Tier I" means a system or plan under this title for which:
             344          (a) an employee is eligible to participate if the employee initially enters regular
             345      full-time employment before July 1, 2011[.]; or
             346          (b) a governor or legislator who initially enters office before July 1, 2011.
             347          (53) (a) "Tier II" means a system or plan under this title provided in lieu of a Tier I
             348      system or plan for [which an employee is eligible to participate,] an employee, governor,
             349      legislator, or full-time elected official who does not have Tier I service credit in a system or
             350      plan under this title:
             351          (i) if the employee initially enters regular full-time employment on or after July 1,
             352      2011[.]; or
             353          (ii) if the governor, legislator, or full-time elected official initially enters office on or
             354      after July 1, 2011.
             355          (b) "Tier II" includes:
             356          (i) the Tier II hybrid system established under:
             357          (A) Chapter 22, Part 3, Tier II Hybrid Retirement System; or
             358          (B) Chapter 23, Part 3, Tier II Hybrid Retirement System; and
             359          (ii) the Tier II Defined Contribution Plan (Tier II DC Plan) established under:
             360          (A) Chapter 22, Part 4, Tier II Defined Contribution Plan; or
             361          (B) Chapter 23, Part 4, Tier II Defined Contribution Plan.
             362          (54) "Unfunded actuarial accrued liability" or "UAAL":
             363          (a) is determined by the system's actuary; and
             364          (b) means the excess, if any, of the accrued liability of a retirement system over the
             365      actuarial value of its assets.
             366          (55) "Voluntary deferrals" means an amount contributed by a participant into that
             367      participant's defined contribution account.
             368          Section 2. Section 49-11-201 is amended to read:



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             369
          49-11-201. Establishment of retirement office -- An independent state agency --
             370      Office exemption.
             371          (1) (a) There is established the Utah State Retirement Office, which may also be
             372      known and function as the Utah State Retirement Systems or the Utah Retirement Systems.
             373          (b) The office shall administer the systems, plans, and programs and perform all other
             374      functions assigned to it under this title.
             375          (2) (a) The office is an independent state agency.
             376          (b) It is subject to legislative and executive department budgetary review and comment.
             377          (3) The office may establish branch offices upon approval of the board.
             378          (4) The board and office are exempt from those acts which are applicable to state and
             379      other governmental entities under this code.
             380          Section 3. Section 49-11-403 is amended to read:
             381           49-11-403. Purchase of public service credit not otherwise qualifying for benefit.
             382          (1) A member, a participating employer, or a member and a participating employer
             383      jointly may purchase service credit equal to the period of the member's employment in the
             384      following:
             385          (a) United States federal employment;
             386          (b) employment in a private school based in the United States, if the member received
             387      an employer paid retirement benefit for the employment;
             388          (c) public employment in another state or territory of the United States which qualifies
             389      the member for membership in the public plan or system covering the employment, but only if
             390      the member does not qualify for any retirement benefits based on the employment;
             391          (d) forfeited service credit in this state if the member does not qualify for an allowance
             392      based on the service credit;
             393          (e) full-time public service while on an approved leave of absence;
             394          (f) the period of time for which disability benefits were paid if:
             395          (i) the member was receiving:
             396          (A) long-term disability benefits;
             397          (B) short-term disability benefits; or
             398          (C) worker's compensation disability benefits; and
             399          (ii) the member's employer had not entered into a benefit protection contract under



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             400
     Section 49-11-404 during the period the member had a disability due to sickness or accident;
             401          (g) employment covered by a [Teachers Insurance and Annuity Association of
             402      America] retirement plan offered by a public or private system, organization, or company
             403      designated by the State Board of Regents, if the member forfeits any retirement benefit from
             404      that retirement plan for the period of employment to be purchased under this Subsection (1)(g);
             405      or
             406          (h) employment in a charter school located within the state if the member forfeits any
             407      retirement benefit under any other retirement system or plan for the period of employment to be
             408      purchased under this Subsection (1)(h).
             409          (2) A member shall:
             410          (a) have at least four years of service credit before a purchase can be made under this
             411      section; and
             412          (b) forfeit service credit and any defined contribution balance based on employer
             413      contributions under any other retirement system or plan based on the period of employment for
             414      which service credit is being purchased.
             415          (3) (a) To purchase credit under this section, the member, a participating employer, or a
             416      member and a participating employer jointly shall make payment to the system under which the
             417      member is currently covered.
             418          (b) The amount of the payment shall be determined by the office based on a formula
             419      that is:
             420          (i) recommended by the actuary; and
             421          (ii) adopted by the board.
             422          (4) The purchase may be made through payroll deductions or through a lump sum
             423      deposit based upon the present value of future payments.
             424          (5) Total payment must be completed prior to the member's effective date of retirement
             425      or service credit will be prorated in accordance with the amount paid.
             426          (6) (a) For a purchase made before July 1, 2010, if any of the factors used to determine
             427      the cost of a service credit purchase change at or before the member's retirement date, the cost
             428      of the purchase shall be recalculated at the time of retirement.
             429          (b) For a purchase made before July 1, 2010, if the recalculated cost exceeds the
             430      amount paid for the purchase, the member, a participating employer, or a member and a



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             431
     participating employer jointly may:
             432          (i) pay the increased cost, plus interest, to receive the full amount of service credit; or
             433          (ii) not pay the increased cost and have the purchased service credit prorated.
             434          (c) For a purchase made on or after July 1, 2010:
             435          (i) the purchase shall be made in accordance with rules:
             436          (A) adopted by the board based on recommendations by the board's actuary; and
             437          (B) in effect at the time the purchase is completed; and
             438          (ii) the cost of the service credit purchase shall not be recalculated at the time of
             439      retirement.
             440          (7) If the recalculated cost under Subsection (6)(a) is less than the amount paid for the
             441      purchase, the office shall refund the excess payment to the member or participating employer
             442      who paid for the purchase.
             443          (8) (a) The board may adopt rules under which a member may make the necessary
             444      payments to the office for purchases under this title as permitted by federal law.
             445          (b) The office may reject any payments if the office determines the tax status of the
             446      system, plans, or programs would be jeopardized by allowing the payment.
             447          (9) An employee who elects to participate exclusively in the defined contribution plan
             448      under Chapter 22, Part 4, Tier II Defined Contribution Plan, or Chapter 23, Part 4, Tier II
             449      Defined Contribution Plan, may not purchase service credit for that period of employment.
             450          Section 4. Section 49-11-505 is amended to read:
             451           49-11-505. Reemployment of a retiree -- Restrictions.
             452          (1) (a) For purposes of this section, "retiree":
             453          (i) means a person who:
             454          (A) retired from a participating employer; and
             455          (B) begins reemployment on or after July 1, 2010, with a participating employer;
             456          (ii) does not include a person:
             457          (A) who was reemployed by a participating employer before July 1, 2010; and
             458          (B) whose participating employer that reemployed the person under Subsection
             459      (1)(a)(ii)(A) was dissolved, consolidated, merged, or structurally changed in accordance with
             460      Section 49-11-621 after July 1, 2010; and
             461          (iii) does not include a person who is reemployed as an active senior judge appointed



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             462
     to hear cases by the Utah Supreme Court in accordance with Article VIII, Section 4, Utah
             463      Constitution.
             464          (b) (i) This section does not apply to employment as an elected official if the elected
             465      official's position is not full time as certified by the participating employer.
             466          (ii) The provisions of this section apply to an elected official whose elected position is
             467      full time as certified by the participating employer.
             468          (2) A retiree may not for the same period of reemployment:
             469          (a) (i) earn additional service credit; or
             470          (ii) receive any retirement related contribution from a participating employer; and
             471          (b) receive a retirement allowance.
             472          (3) (a) Except as provided under Subsection (3)(b), the office shall cancel the
             473      retirement allowance of a retiree if the reemployment with a participating employer begins
             474      within one year of the retiree's retirement date.
             475          (b) The office may not cancel the retirement allowance of a retiree who is reemployed
             476      with a participating employer within one year of the retiree's retirement date if:
             477          (i) the retiree is not reemployed by a participating employer for a period of at least 60
             478      days from the retiree's retirement date;
             479          (ii) upon reemployment after the break in service under Subsection (3)(b)(i), the retiree
             480      does not receive any employer provided benefits, including:
             481          (A) medical benefits;
             482          (B) dental benefits;
             483          (C) other insurance benefits except for workers' compensation as provided under Title
             484      34A, Chapter 2, Workers' Compensation Act, and withholdings required by federal or state law
             485      for Social Security, Medicare, and unemployment insurance; or
             486          (D) paid time off, including sick, annual, or other type of leave; and
             487          (iii) the retiree does not earn in any calendar year of reemployment an amount in excess
             488      of the lesser of:
             489          (A) $15,000; or
             490          (B) one-half of the retiree's final average salary upon which the retiree's retirement
             491      allowance is based.
             492          (c) Beginning January 1, 2013, the board shall adjust the [amount] amounts under



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             493
     Subsection (3)(b)(iii)[(A)] by the annual change in the Consumer Price Index during the
             494      previous calendar year as measured by a United States Bureau of Labor Statistics Consumer
             495      Price Index average as determined by the board.
             496          (d) The office shall cancel the retirement allowance of a retiree for the remainder of the
             497      calendar year if the reemployment with a participating employer exceeds the limitations under
             498      Subsection (3)(b)(iii).
             499          (e) If a retiree is reemployed under the provisions of (3)(b), the termination date of the
             500      reemployment, as confirmed in writing by the participating employer, is considered the retiree's
             501      retirement date for the purpose of calculating the separation requirement under Subsection
             502      (3)(a).
             503          (4) If a reemployed retiree has completed the one-year separation from employment
             504      with a participating employer required under Subsection (3)(a), the retiree may elect to:
             505          (a) earn additional service credit in accordance with this title and cancel the retiree's
             506      retirement allowance; or
             507          (b) continue to receive the retiree's retirement allowance and forfeit any retirement
             508      related contribution from the participating employer who reemployed the retiree.
             509          (5) A participating employer who reemploys a retiree shall contribute to the office the
             510      amortization rate, as defined in Section 49-11-102 , to be applied to the system that would have
             511      covered the retiree, if the reemployed retiree:
             512          (a) has completed the one-year separation from employment with a participating
             513      employer required under Subsection (3)(a); and
             514          (b) makes an election under Subsection (4)(b) to continue to receive a retirement
             515      allowance while reemployed.
             516          (6) (a) A participating employer shall immediately notify the office:
             517          (i) if the participating employer reemploys a retiree;
             518          (ii) whether the reemployment is subject to Subsection (3)(b) or (4) of this section; and
             519          (iii) of any election by the retiree under Subsection (4).
             520          (b) A participating employer shall certify to the office whether the position of an
             521      elected official is or is not full time.
             522          (c) A participating employer is liable to the office for a payment or failure to make a
             523      payment in violation of this section.



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             524
         (d) If a participating employer fails to notify the office in accordance with this section,
             525      the participating employer is immediately subject to a compliance audit by the office.
             526          (7) (a) The office shall immediately cancel the retirement allowance of a retiree in
             527      accordance with Subsection (7)(b) if the office receives notice or learns of:
             528          (i) the reemployment of a retiree in violation of Subsection (3); or
             529          (ii) the election of a reemployed retiree under Subsection (4)(a).
             530          (b) If the retiree is eligible for retirement coverage in the reemployed position, the
             531      office shall cancel the allowance of a retiree subject to Subsection (7)(a), and reinstate the
             532      retiree to active member status on the first day of the month following the date of:
             533          (i) reemployment if the retiree is subject to Subsection (3); or
             534          (ii) an election by an employee under Subsection (4)(a).
             535          (c) If the retiree is not otherwise eligible for retirement coverage in the reemployed
             536      position:
             537          (i) the office shall cancel the allowance of a retiree subject to Subsection (7)(a)(i); and
             538          (ii) the participating employer shall pay the amortization rate to the office on behalf of
             539      the retiree.
             540          (8) (a) A retiree subject to Subsection (7)(b) who retires within two years from the date
             541      of reemployment:
             542          (i) is not entitled to a recalculated retirement benefit; and
             543          (ii) will resume the allowance that was being paid at the time of cancellation.
             544          (b) Subject to Subsection (2), a retiree who is reinstated to active membership under
             545      Subsection (7) and who retires two or more years after the date of reinstatement to active
             546      membership shall:
             547          (i) resume receiving the allowance that was being paid at the time of cancellation; and
             548          (ii) receive an additional allowance based on the formula in effect at the date of the
             549      subsequent retirement for all service credit accrued between the first and subsequent retirement
             550      dates.
             551          (9) (a) A retiree subject to this section shall report to the office the status of the
             552      reemployment under Subsection (3) or (4).
             553          (b) If the retiree fails to inform the office of an election under Subsection (4), the office
             554      shall withhold one month's benefit for each month the retiree fails to inform the office under



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             555
     Subsection (9)(a).
             556          (10) The board may make rules to implement this section.
             557          Section 5. Section 49-11-603 is amended to read:
             558           49-11-603. Participating employer to report and certify -- Time limit -- Penalties
             559      for failure to comply.
             560          (1) As soon as administratively possible, but in no event later than 60 days after the
             561      end of each pay period, a participating employer shall report and certify to the office:
             562          (a) the eligibility for service credit accrual of:
             563          (i) [all current members] each current employee;
             564          (ii) each new [member] employee as [they begin] the new employee begins
             565      employment; and
             566          (iii) any changes to eligibility for service credit accrual of each [member.] employee;
             567          (b) the compensation of each current [member] employee eligible for service credit;
             568      and
             569          (c) other factors relating to the proper administration of this title as required by the
             570      executive director.
             571          (2) Each participating employer shall submit the reports required under Subsection (1)
             572      in a format approved by the office.
             573          (3) A participating employer shall be liable to the office for:
             574          (a) any liabilities and expenses, including administrative expenses and the cost of
             575      increased benefits to [members] employees, resulting from the participating employer's failure
             576      to correctly report and certify records under this section;
             577          (b) a penalty equal to $250 or 50% of the total contributions for the [member]
             578      employees for the period of the reporting error, whichever is greater; and
             579          (c) attorney fees.
             580          (4) The executive director may waive all or any part of the interest, penalties, expenses,
             581      and fees if the executive director finds there were extenuating circumstances surrounding the
             582      participating employer's failure to comply with this section.
             583          (5) The executive director may estimate the length of service, compensation, or age of
             584      any [member] employee, if that information is not contained in the records.
             585          Section 6. Section 49-11-610 is amended to read:



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             586
          49-11-610. Benefits payable in name of beneficiary -- Delivery.
             587          (1) (a) Any benefits payable to a beneficiary shall be made in the name of and
             588      delivered to the beneficiary or the lawfully appointed guardian or conservator of the
             589      beneficiary, or delivered as otherwise ordered by a court of competent jurisdiction under Title
             590      75, Utah Uniform Probate Code.
             591          (b) If the benefit involves a payment not to exceed an amount authorized by the Utah
             592      Uniform Probate Code to any one beneficiary, the office may, without the appointment of a
             593      guardian or conservator or the giving of a bond, pay the amount due to the beneficiary or to the
             594      persons assuming their support.
             595          (c) The payment shall be in either a lump sum or in monthly amounts.
             596          (d) The total of the payments made under this section shall fully discharge and release
             597      the office from any further claims.
             598          [(2) All continuing monthly benefits payable to beneficiaries upon the death of a
             599      member or participant shall be effective on the first day of the month following the date of
             600      death of the member or participant.]
             601          (2) A beneficiary who qualifies for a monthly benefit under this section shall apply in
             602      writing to the office.
             603          (3) The allowance shall begin on the first day of the month following the month in
             604      which the:
             605          (a) member or participant died, if the application is received by the office within 90
             606      days of the date of death of the member or participant; or
             607          (b) application is received by the office, if the application is received by the office
             608      more than 90 days after the date of death of the member or participant.
             609          Section 7. Section 49-12-201 is amended to read:
             610           49-12-201. System membership -- Eligibility.
             611          (1) A regular full-time employee of a participating employer is eligible for service
             612      credit in this system upon the later of:
             613          (a) the date on which the participating employer began participating in this system; or
             614          (b) the effective date of employment of the regular full-time employee with the
             615      participating employer.
             616          (2) Beginning July 1, 1986, a person entering employment with the state and its



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             617
     educational institutions may not participate in this system.
             618          (3) Notwithstanding the provisions of Subsection (1), a person initially entering
             619      employment with a participating employer on or after July 1, 2011, who does not have service
             620      credit accrued before July 1, 2011, in a Tier I system or plan administered by the board, may
             621      not participate in this system.
             622          Section 8. Section 49-12-202 is amended to read:
             623           49-12-202. Participation of employers -- Limitations -- Exclusions -- Admission
             624      requirements -- Exceptions -- Nondiscrimination requirements.
             625          (1) (a) Unless excluded under Subsection (2), an employer is a participating employer
             626      and may not withdraw from participation in this system.
             627          (b) In addition to their participation in this system, participating employers may
             628      provide or participate in public or private retirement, supplemental or defined contribution
             629      plan, either directly or indirectly, for their employees.
             630          (2) The following employers may be excluded from participation in this system:
             631          (a) an employer not initially admitted or included as a participating employer in this
             632      system prior to January 1, 1982 if:
             633          (i) the employer elects not to provide or participate in any type of private or public
             634      retirement, supplemental or defined contribution plan, either directly or indirectly, for its
             635      employees, except for Social Security; or
             636          (ii) the employer offers another collectively bargained retirement benefit and has
             637      continued to do so on an uninterrupted basis since that date;
             638          (b) an employer that is a charter school sponsored by the State Board of Education or a
             639      school district that makes an election of nonparticipation in accordance with Section
             640      53A-1a-512 unless the charter school makes a one-time, irrevocable retraction of the election
             641      of nonparticipation in accordance with Subsection 53A-1a-512 (9); or
             642          (c) an employer that is a hospital created as a special service district under Title 17D,
             643      Chapter 1, Special Service District Act, that makes an election of nonparticipation in
             644      accordance with Subsection (4).
             645          (3) An employer who did not become a participating employer in this system prior to
             646      July 1, 1986, may not participate in this system.
             647          (4) (a) Until June 30, 2009, a employer that is a hospital created as a special service



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             648
     district under Title 17D, Chapter 1, Special Service District Act, may make an election of
             649      nonparticipation as an employer for retirement programs under this chapter.
             650          (b) An election provided under Subsection (4)(a):
             651          (i) is a one-time election made no later than the time specified under Subsection (4)(a);
             652          (ii) shall be documented by a resolution adopted by the governing body of the special
             653      service district;
             654          (iii) is irrevocable; and
             655          (iv) applies to the special service district as the employer and to all employees of the
             656      special service district.
             657          (c) The governing body of the special service district may offer employee benefit plans
             658      for its employees:
             659          (i) under Title 49, Chapter 20, Public Employees' Benefit and Insurance Program Act;
             660      or
             661          (ii) under any other program.
             662          (5) (a) If a participating employer purchases service credit on behalf of regular
             663      full-time employees for service rendered prior to the participating employer's admission to this
             664      system, the service credit shall be purchased in a nondiscriminatory manner on behalf of all
             665      current and former regular full-time employees who were eligible for service credit at the time
             666      service was rendered.
             667          (b) For a purchase made under this Subsection (5), an employee is not required to:
             668          (i) have at least four years of service credit before the purchase can be made; or
             669          (ii) forfeit service credit or any defined contribution balance based on the employer
             670      contributions under any other retirement system or plan based on the period of employment for
             671      which service credit is being purchased.
             672          Section 9. Section 49-12-203 is amended to read:
             673           49-12-203. Exclusions from membership in system.
             674          (1) The following employees are not eligible for service credit in this system:
             675          (a) subject to the requirements of Subsection (2), an employee whose employment
             676      status is temporary in nature due to the nature or the type of work to be performed;
             677          (b) except as provided under Subsection (3)(a), an employee of an institution of higher
             678      education who participates in a retirement system with [the Teachers' Insurance and Annuity



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             679
     Association of America or with any other] a public or private retirement system, organization,
             680      or company designated by the State Board of Regents during any period in which required
             681      contributions based on compensation have been paid on behalf of the employee by the
             682      employer;
             683          (c) an employee serving as an exchange employee from outside the state;
             684          (d) an executive department head of the state, a member of the State Tax Commission,
             685      the Public Service Commission, and a member of a full-time or part-time board or commission
             686      who files a formal request for exemption;
             687          (e) an employee of the Department of Workforce Services who is covered under
             688      another retirement system allowed under Title 35A, Chapter 4, Employment Security Act; or
             689          (f) an employee who is employed on or after July 1, 2009 with an employer that has
             690      elected, prior to July 1, 2009, to be excluded from participation in this system under Subsection
             691      49-12-202 (2)(c).
             692          (2) If an employee whose status is temporary in nature due to the nature of type of
             693      work to be performed:
             694          (a) is employed for a term that exceeds six months and the employee otherwise
             695      qualifies for service credit in this system, the participating employer shall report and certify to
             696      the office that the employee is a regular full-time employee effective the beginning of the
             697      seventh month of employment; or
             698          (b) was previously terminated prior to being eligible for service credit in this system
             699      and is reemployed within three months of termination by the same participating employer, the
             700      participating employer shall report and certify that the member is a regular full-time employee
             701      when the total of the periods of employment equals six months and the employee otherwise
             702      qualifies for service credits in this system.
             703          (3) (a) Upon cessation of the participating employer contributions, an employee under
             704      Subsection (1)(b) is eligible for service credit in this system.
             705          (b) Notwithstanding the provisions of Subsection (1)(f), any eligibility for service
             706      credit earned by an employee under this chapter before July 1, 2009 is not affected under
             707      Subsection (1)(f).
             708          (4) Upon filing a written request for exemption with the office, the following
             709      employees shall be exempt from coverage under this system:



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             710
         (a) a full-time student or the spouse of a full-time student and individuals employed in
             711      a trainee relationship;
             712          (b) an elected official;
             713          (c) an executive department head of the state, a member of the State Tax Commission,
             714      a member of the Public Service Commission, and a member of a full-time or part-time board or
             715      commission;
             716          (d) an employee of the Governor's Office of Management and Budget;
             717          (e) an employee of the Governor's Office of Economic Development;
             718          (f) an employee of the Commission on Criminal and Juvenile Justice;
             719          (g) an employee of the Governor's Office;
             720          (h) an employee of the State Auditor's Office;
             721          (i) an employee of the State Treasurer's Office;
             722          (j) any other member who is permitted to make an election under Section 49-11-406 ;
             723          (k) a person appointed as a city manager or chief city administrator or another person
             724      employed by a municipality, county, or other political subdivision, who is an at-will employee;
             725      and
             726          (l) an employee of an interlocal cooperative agency created under Title 11, Chapter 13,
             727      Interlocal Cooperation Act, who is engaged in a specialized trade customarily provided through
             728      membership in a labor organization that provides retirement benefits to its members.
             729          (5) (a) Each participating employer shall prepare a list designating those positions
             730      eligible for exemption under Subsection (4).
             731          (b) An employee may not be exempted unless the employee is employed in a position
             732      designated by the participating employer.
             733          (6) (a) In accordance with this section, a municipality, county, or political subdivision
             734      may not exempt more than 50 positions or a number equal to 10% of the employees of the
             735      municipality, county, or political subdivision whichever is lesser.
             736          (b) A municipality, county, or political subdivision may exempt at least one regular
             737      full-time employee.
             738          (7) Each participating employer shall:
             739          (a) file employee exemptions annually with the office; and
             740          (b) update the employee exemptions in the event of any change.



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             741
         (8) The office may make rules to implement this section.
             742          Section 10. Section 49-12-204 is amended to read:
             743           49-12-204. Higher education employees' eligibility requirements -- Election
             744      between different retirement plans -- Classification requirements -- Transfer between
             745      systems -- One-time election window -- Rulemaking.
             746          (1) (a) A regular full-time employee of an institution of higher education who is
             747      eligible to participate in either this system or [with the Teachers' Insurance and Annuity
             748      Association of America or with any other] a public or private retirement system, organization,
             749      or company, designated by the Board of Regents, shall, not later than January 1, 1979, elect to
             750      participate exclusively in this system or in an annuity contract allowed under this Subsection
             751      (1).
             752          (b) The election is final, and no right exists to make any further election.
             753          (2) (a) Except as provided under Subsection (2)(c), a regular full-time employee hired
             754      by an institution of higher education after January 1, 1979, may participate only in the
             755      retirement plan which attaches to the person's employment classification.
             756          (b) Each institution of higher education shall prepare or amend existing employment
             757      classifications, under the direction of the Board of Regents, so that each classification is
             758      assigned with either:
             759          (i) this system; or
             760          [(ii) the Teachers' Insurance and Annuity Association of America; or]
             761          [(iii) another] (ii) a public or private system, organization, or company designated by
             762      the Board of Regents.
             763          (c) Notwithstanding a person's employment classification assignment under Subsection
             764      (2)(b), a regular full-time employee who begins employment with an institution of higher
             765      education on or after May 11, 2010, has a one-time irrevocable election to continue
             766      participation in this system, if the employee has service credit in this system before the date of
             767      employment.
             768          (3) Notwithstanding an employment classification assignment change made under
             769      Subsection (2)(b), a regular full-time employee hired by an institution of higher education after
             770      January 1, 1979, whose employment classification requires participation in this system may
             771      elect to continue participation in this system.



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             772
         (4) A regular full-time employee hired by an institution of higher education after
             773      January 1, 1979, whose employment classification requires participation in this system shall
             774      participate in this system.
             775          (5) (a) Notwithstanding any other provision of this section, a regular full-time
             776      employee of an institution of higher education shall have a one-time irrevocable election to
             777      participate in this system if the employee:
             778          (i) was hired after January 1, 1979;
             779          (ii) whose employment classification assignment under Subsection (2)(b) required
             780      participation in a retirement program other than this system; and
             781          (iii) has service credit in a system under this title.
             782          (b) The election under Subsection (5)(a) shall be made before June 30, 2010.
             783          (c) All forms required by the office must be completed and received by the office no
             784      later than June 30, 2010, for the election to participate in this system to be effective.
             785          (d) Beginning July 1, 2010, a regular full-time employee of an institution of higher
             786      education who elects to be covered by this system under Subsection (5)(a) may begin to accrue
             787      service credit in this system.
             788          (6) A regular full-time employee of an institution of higher education who elects to be
             789      covered by this system under Subsection (2)(c) or (5)(a), may purchase periods of employment
             790      while covered under another retirement program sponsored by the institution of higher
             791      education by complying with the requirements of Section 49-11-403 .
             792          (7) The board shall make rules to implement this section.
             793          Section 11. Section 49-12-401 is amended to read:
             794           49-12-401. Eligibility for an allowance -- Date of retirement -- Qualifications.
             795          (1) A member is qualified to receive an allowance from this system when:
             796          (a) except as provided under Subsection (3), the member ceases actual work for every
             797      participating employer that employs the member before the member's retirement date and
             798      provides evidence of the termination;
             799          (b) the member has submitted to the office a [notarized] retirement application form
             800      that states the member's proposed retirement date; and
             801          (c) one of the following conditions is met as of the member's retirement date:
             802          (i) the member has accrued at least four years of service credit and has attained an age



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             803
     of 65 years;
             804          (ii) the member has accrued at least 10 years of service credit and has attained an age
             805      of 62 years;
             806          (iii) the member has accrued at least 20 years of service credit and has attained an age
             807      of 60 years; or
             808          (iv) the member has accrued at least 30 years of service credit.
             809          (2) (a) The member's retirement date:
             810          (i) shall be the 1st or the 16th day of the month, as selected by the member;
             811          (ii) shall be on or after the date of termination; and
             812          (iii) may not be more than 90 days before or after the date the application is received by
             813      the office.
             814          (b) Except as provided under Subsection (3), a member may not be employed by a
             815      participating employer in the system established by this chapter on the retirement date selected
             816      under Subsection (2)(a)(i).
             817          (3) (a) A member who is employed by a participating employer and who is also an
             818      elected official is not required to cease service as an elected official to be qualified to receive
             819      an allowance under Subsection (1), unless the member is retiring from service as an elected
             820      official.
             821          (b) A member who is employed by a participating employer and who is also a part-time
             822      appointed board member is not required to cease service as a part-time appointed board
             823      member to be qualified to receive an allowance under Subsection (1).
             824          Section 12. Section 49-12-402 is amended to read:
             825           49-12-402. Service retirement plans -- Calculation of retirement allowance --
             826      Social Security limitations.
             827          (1) (a) Except as provided under Section 49-12-701 , retirees of this system may choose
             828      from the six retirement options described in this section.
             829          (b) Options Two, Three, Four, Five, and Six are modifications of the Option One
             830      calculation.
             831          (2) The Option One benefit is an annual allowance calculated as follows:
             832          (a) If the retiree is at least 65 years of age or has accrued at least 30 years of service
             833      credit, the allowance is:



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             834
         (i) an amount equal to 1.25% of the retiree's final average monthly salary multiplied by
             835      the number of years of service credit accrued prior to July 1, 1975; plus
             836          (ii) an amount equal to 2% of the retiree's final average monthly salary multiplied by
             837      the number of years of service credit accrued on and after July 1, 1975.
             838          (b) If the retiree is less than 65 years of age, the allowance shall be reduced 3% for
             839      each year of retirement from age 60 to age 65, unless the member has 30 or more years of
             840      accrued credit in which event no reduction is made to the allowance.
             841          (c) (i) Years of service includes any fractions of years of service to which the retiree
             842      may be entitled.
             843          (ii) At the time of retirement, if a retiree's combined years of actual, not purchased,
             844      service credit is within 1/10 of one year of the total years of service credit required for
             845      retirement, the retiree shall be considered to have the total years of service credit required for
             846      retirement.
             847          (d) An Option One allowance is only payable to the member during the member's
             848      lifetime.
             849          (3) The allowance payable under Options Two, Three, Four, Five, and Six is calculated
             850      by reducing an Option One benefit based on actuarial computations to provide the following:
             851          (a) Option Two is a reduced allowance paid to and throughout the lifetime of the
             852      retiree, and, if the retiree receives less in annuity payments than the amount of the retiree's
             853      member contributions, the remaining balance of the retiree's member contributions shall be
             854      paid in accordance with Sections 49-11-609 and 49-11-610 .
             855          (b) Option Three is a reduced allowance paid to and throughout the lifetime of the
             856      retiree, and, upon the death of the retiree, the same reduced allowance paid to and throughout
             857      the lifetime of the retiree's lawful spouse at the time of retirement.
             858          (c) Option Four is a reduced allowance paid to and throughout the lifetime of the
             859      retiree, and upon the death of the retiree, an amount equal to 1/2 of the retiree's allowance paid
             860      to and throughout the lifetime of the retiree's lawful spouse at the time of retirement.
             861          (d) Option Five is a modification of Option Three so that if the lawful spouse at the
             862      time of retirement predeceases the retiree, an allowance equivalent to the amount payable at the
             863      time of initial retirement under Option One shall be paid to the retiree for the remainder of the
             864      retiree's life, beginning on the first day of the month following the month in which the:



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             865
         (i) [following the month in which the] spouse died, if the application is received by the
             866      office within 90 days of the spouse's death; or
             867          (ii) [following the month in which the] application is received by the office, if the
             868      application is received by the office more than 90 days after the spouse's death.
             869          (e) Option Six is a modification of Option Four so that if the lawful spouse at the time
             870      of retirement predeceases the retiree, an allowance equivalent to the amount payable at the time
             871      of initial retirement under Option One shall be paid to the retiree for the remainder of the
             872      retiree's life, beginning on the first day of the month following the month in which the:
             873          (i) [following the month in which the] spouse died, if the application is received by the
             874      office within 90 days of the spouse's death; or
             875          (ii) [following the month in which the] application is received by the office, if the
             876      application is received by the office more than 90 days after the spouse's death.
             877          (4) (a) (i) The final average salary is limited in the computation of that part of an
             878      allowance based on service rendered prior to July 1, 1967, during a period when the retiree
             879      received employer contributions on a portion of compensation from an educational institution
             880      toward the payment of the premium required on a retirement annuity contract with [the
             881      Teachers' Insurance and Annuity Association of America or with any other] a public or private
             882      system, organization, or company designated by the State Board of Regents to $4,800.
             883          (ii) This limitation is not applicable to retirees who elected to continue in this system
             884      by July 1, 1967.
             885          (b) Periods of employment which are exempt from this system under Subsection
             886      49-12-203 (1)(b), may be purchased by the member for the purpose of retirement only if all
             887      benefits from [the Teachers' Insurance and Annuity Association of America or any other public
             888      or private system or organization] a public or private system, organization, or company
             889      designated by the State Board of Regents based on this period of employment are forfeited.
             890          (5) (a) If a retiree under Option One dies within 90 days after the retiree's retirement
             891      date, the retirement is canceled and the death shall be considered as that of a member before
             892      retirement.
             893          (b) Any payments made to the retiree shall be deducted from the amounts due to the
             894      beneficiary.
             895          (6) If a retiree retires under either Option Five or Six and subsequently divorces, the



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             896
     retiree may elect to convert the benefit to a Option One benefit at the time of divorce, if there is
             897      no court order filed in the matter.
             898          Section 13. Section 49-13-102 is amended to read:
             899           49-13-102. Definitions.
             900          As used in this chapter:
             901          (1) "Benefits normally provided" has the same meaning as defined in Section
             902      49-12-102 .
             903          (2) (a) Except as provided in Subsection (2)(c), "compensation" means the total
             904      amount of payments made by a participating employer to a member of this system for services
             905      rendered to the participating employer, including:
             906          (i) bonuses;
             907          (ii) cost-of-living adjustments;
             908          (iii) other payments currently includable in gross income and that are subject to Social
             909      Security deductions, including any payments in excess of the maximum amount subject to
             910      deduction under Social Security law; and
             911          (iv) amounts that the member authorizes to be deducted or reduced for salary deferral
             912      or other benefits authorized by federal law.
             913          (b) "Compensation" for purposes of this chapter may not exceed the amount allowed
             914      under Internal Revenue Code, Section 401(a)(17).
             915          (c) "Compensation" does not include:
             916          (i) the monetary value of remuneration paid in kind, including a residence or use of
             917      equipment;
             918          (ii) the cost of any employment benefits paid for by the participating employer;
             919          (iii) compensation paid to a temporary employee, an exempt employee, or an employee
             920      otherwise ineligible for service credit;
             921          (iv) any payments upon termination, including accumulated vacation, sick leave
             922      payments, severance payments, compensatory time payments, or any other special payments; or
             923          (v) any allowances or payments to a member for costs or expenses paid by the
             924      participating employer, including automobile costs, uniform costs, travel costs, tuition costs,
             925      housing costs, insurance costs, equipment costs, and dependent care costs.
             926          (d) The executive director may determine if a payment not listed under this Subsection



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             927
     (2) falls within the definition of compensation.
             928          (3) "Final average salary" means the amount computed by averaging the highest three
             929      years of annual compensation preceding retirement subject to the following:
             930          (a) Except as provided in Subsection (3)(b), the percentage increase in annual
             931      compensation in any one of the years used may not exceed the previous year's compensation by
             932      more than 10% plus a cost-of-living adjustment equal to the decrease in the purchasing power
             933      of the dollar during the previous year, as measured by a United States Bureau of Labor
             934      Statistics Consumer Price Index average as determined by the board.
             935          (b) In cases where the participating employer provides acceptable documentation to the
             936      office, the limitation in Subsection (3)(a) may be exceeded if:
             937          (i) the member has transferred from another agency; or
             938          (ii) the member has been promoted to a new position.
             939          (c) If the member retires more than six months from the date of termination of
             940      employment and for purposes of computing the member's final average salary only, the
             941      member is considered to have been in service at the member's last rate of pay from the date of
             942      the termination of employment to the effective date of retirement.
             943          (4) "Participating employer" means an employer which meets the participation
             944      requirements of Sections 49-13-201 and 49-13-202 .
             945          (5) (a) "Regular full-time employee" means an employee whose term of employment
             946      for a participating employer contemplates continued employment during a fiscal or calendar
             947      year and whose employment normally requires an average of 20 hours or more per week,
             948      except as modified by the board, and who receives benefits normally provided by the
             949      participating employer.
             950          (b) "Regular full-time employee" includes:
             951          (i) a teacher whose term of employment for a participating employer contemplates
             952      continued employment during a school year and who teaches half time or more;
             953          (ii) a classified school employee:
             954          (A) who is hired before July 1, 2013; and
             955          (B) whose employment normally requires an average of 20 hours per week or more for
             956      a participating employer, regardless of benefits provided;
             957          (iii) an officer, elective or appointive, who earns $500 or more per month, indexed as



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             958
     of January 1, 1990, as provided in Section 49-13-407 ;
             959          (iv) a faculty member or employee of an institution of higher education who is
             960      considered full time by that institution of higher education; and
             961          (v) an individual who otherwise meets the definition of this Subsection [(4)] (5) who
             962      performs services for a participating employer through a professional employer organization or
             963      similar arrangement.
             964          (c) "Regular full-time employee" does not include a classified school employee:
             965          (i) (A) who is hired on or after July 1, 2013; and
             966          (B) who does not receive benefits normally provided by the participating employer
             967      even if the employment normally requires an average of 20 hours per week or more for a
             968      participating employer; or
             969          (ii) (A) who is hired before July 1, 2013;
             970          (B) who did not qualify as a regular full-time employee before July 1, 2013;
             971          (C) who does not receive benefits normally provided by the participating employer;
             972      and
             973          (D) whose employment hours are increased on or after July 1, 2013, to require an
             974      average of 20 hours per week or more for a participating employer.
             975          (6) "System" means the Public Employees' Noncontributory Retirement System.
             976          (7) "Years of service credit" means:
             977          (a) a period consisting of 12 full months as determined by the board;
             978          (b) a period determined by the board, whether consecutive or not, during which a
             979      regular full-time employee performed services for a participating employer, including any time
             980      the regular full-time employee was absent on a paid leave of absence granted by a participating
             981      employer or was absent in the service of the United States government on military duty as
             982      provided by this chapter; or
             983          (c) the regular school year consisting of not less than eight months of full-time service
             984      for a regular full-time employee of an educational institution.
             985          Section 14. Section 49-13-201 is amended to read:
             986           49-13-201. System membership -- Eligibility.
             987          (1) Beginning July 1, 1986, the state and its educational institutions shall participate in
             988      this system.



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             989
         (a) A person entering regular full-time employment with the state or its educational
             990      institutions after July 1, 1986, but before July 1, 2011, is eligible for service credit in this
             991      system.
             992          (b) A person entering regular full-time employment with the state or its educational
             993      institutions after July 1, 2011, who has service credit accrued before July 1, 2011, in a Tier I
             994      system or plan administered by the board, is eligible for service credit in this system.
             995          [(b)] (c) A regular full-time employee of the state or its educational institutions prior to
             996      July 1, 1986, may either become eligible for service credit in this system or remain eligible for
             997      service in the system established under Chapter 12, Public Employees' Contributory Retirement
             998      Act, by following the procedures established by the board in accordance with this chapter.
             999          (2) An employer, other than the state and its educational institutions, may participate in
             1000      this system except that once an employer elects to participate in this system, that election is
             1001      irrevocable and the election must be made before July 1, 2011.
             1002          (a) Until June 30, 2011, a person initially entering regular full-time employment with a
             1003      participating employer which elects to participate in this system is eligible for service credit in
             1004      this system.
             1005          (b) A person in regular full-time employment with a participating employer prior to the
             1006      participating employer's election to participate in this system may either become eligible for
             1007      service credit in this system or remain eligible for service in the system established under
             1008      Chapter 12, Public Employees' Contributory Retirement Act, by following the procedures
             1009      established by the board in accordance with this chapter.
             1010          (3) Notwithstanding the provisions of Subsections (1) and (2), a person initially
             1011      entering employment with a participating employer on or after July 1, 2011, who does not have
             1012      service credit accrued before July 1, 2011, in a Tier I system or plan administered by the board,
             1013      may not participate in this system.
             1014          Section 15. Section 49-13-202 is amended to read:
             1015           49-13-202. Participation of employers -- Limitations -- Exclusions -- Admission
             1016      requirements -- Nondiscrimination requirements -- Service credit purchases.
             1017          (1) (a) Unless excluded under Subsection (2), an employer is a participating employer
             1018      and may not withdraw from participation in this system.
             1019          (b) In addition to their participation in this system, participating employers may



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             1020
     provide or participate in any additional public or private retirement, supplemental or defined
             1021      contribution plan, either directly or indirectly, for their employees.
             1022          (2) The following employers may be excluded from participation in this system:
             1023          (a) an employer not initially admitted or included as a participating employer in this
             1024      system before January 1, 1982, if:
             1025          (i) the employer elects not to provide or participate in any type of private or public
             1026      retirement, supplemental or defined contribution plan, either directly or indirectly, for its
             1027      employees, except for Social Security; or
             1028          (ii) the employer offers another collectively bargained retirement benefit and has
             1029      continued to do so on an uninterrupted basis since that date;
             1030          (b) an employer that is a charter school sponsored by the State Board of Education or a
             1031      school district that makes an election of nonparticipation in accordance with Section
             1032      53A-1a-512 unless the charter school makes a one-time, irrevocable retraction of the election
             1033      of nonparticipation in accordance with Subsection 53A-1a-512 (9);
             1034          (c) an employer that is a hospital created as a special service district under Title 17D,
             1035      Chapter 1, Special Service District Act, that makes an election of nonparticipation in
             1036      accordance with Subsection (5); or
             1037          (d) an employer that is a risk management association initially created by interlocal
             1038      agreement before 1986 for the purpose of implementing a self-insurance joint protection
             1039      program for the benefit of member municipalities of the association.
             1040          (3) If an employer that may be excluded under Subsection (2)(a)(i) elects at any time to
             1041      provide or participate in any type of public or private retirement, supplemental or defined
             1042      contribution plan, either directly or indirectly, except for Social Security, the employer shall be
             1043      a participating employer in this system regardless of whether the employer has applied for
             1044      admission under Subsection (4).
             1045          (4) (a) An employer may, by resolution of its governing body, apply for admission to
             1046      this system.
             1047          (b) Upon approval of the resolution by the board, the employer is a participating
             1048      employer in this system and is subject to this title.
             1049          (5) (a) (i) Until June 30, 2009, a employer that is a hospital created as a special service
             1050      district under Title 17D, Chapter 1, Special Service District Act, may make an election of



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             1051
     nonparticipation as an employer for retirement programs under this chapter.
             1052          (ii) On or before July 1, 2010, an employer described in Subsection (2)(d) may make
             1053      an election of nonparticipation as an employer for retirement programs under this chapter.
             1054          (b) An election provided under Subsection (5)(a):
             1055          (i) is a one-time election made no later than the time specified under Subsection (5)(a);
             1056          (ii) shall be documented by a resolution adopted by the governing body of the
             1057      employer;
             1058          (iii) is irrevocable; and
             1059          (iv) applies to the employer described in Subsection (5)(a) and to all employees of that
             1060      employer.
             1061          (c) The employer making an election under Subsection (5)(a) may offer employee
             1062      benefit plans for its employees:
             1063          (i) under Title 49, Chapter 20, Public Employees' Benefit and Insurance Program Act;
             1064      or
             1065          (ii) under any other program.
             1066          (6) (a) If a participating employer purchases service credit on behalf of regular
             1067      full-time employees for service rendered prior to the participating employer's admission to this
             1068      system, the service credit shall be purchased in a nondiscriminatory manner on behalf of all
             1069      current and former regular full-time employees who were eligible for service credit at the time
             1070      service was rendered.
             1071          (b) For a purchase made under this Subsection (6), an employee is not required to:
             1072          (i) have at least four years of service credit before the purchase can be made; or
             1073          (ii) forfeit service credit or any defined contribution balance based on the employer
             1074      contributions under any other retirement system or plan based on the period of employment for
             1075      which service credit is being purchased.
             1076          Section 16. Section 49-13-203 is amended to read:
             1077           49-13-203. Exclusions from membership in system.
             1078          (1) The following employees are not eligible for service credit in this system:
             1079          (a) subject to the requirements of Subsection (2), an employee whose employment
             1080      status is temporary in nature due to the nature or the type of work to be performed;
             1081          (b) except as provided under Subsection (3)(a), an employee of an institution of higher



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             1082
     education who participates in a retirement system with [the Teachers' Insurance and Annuity
             1083      Association of America or with any other] a public or private retirement system, organization,
             1084      or company designated by the State Board of Regents during any period in which required
             1085      contributions based on compensation have been paid on behalf of the employee by the
             1086      employer;
             1087          (c) an employee serving as an exchange employee from outside the state;
             1088          (d) an executive department head of the state or a legislative director, senior executive
             1089      employed by the governor's office, a member of the State Tax Commission, a member of the
             1090      Public Service Commission, and a member of a full-time or part-time board or commission
             1091      who files a formal request for exemption;
             1092          (e) an employee of the Department of Workforce Services who is covered under
             1093      another retirement system allowed under Title 35A, Chapter 4, Employment Security Act; or
             1094          (f) an employee who is employed with an employer that has elected to be excluded
             1095      from participation in this system under Subsection 49-13-202 (5), effective on or after the date
             1096      of the employer's election under Subsection 49-13-202 (5).
             1097          (2) If an employee whose status is temporary in nature due to the nature of type of
             1098      work to be performed:
             1099          (a) is employed for a term that exceeds six months and the employee otherwise
             1100      qualifies for service credit in this system, the participating employer shall report and certify to
             1101      the office that the employee is a regular full-time employee effective the beginning of the
             1102      seventh month of employment; or
             1103          (b) was previously terminated prior to being eligible for service credit in this system
             1104      and is reemployed within three months of termination by the same participating employer, the
             1105      participating employer shall report and certify that the member is a regular full-time employee
             1106      when the total of the periods of employment equals six months and the employee otherwise
             1107      qualifies for service credits in this system.
             1108          (3) (a) Upon cessation of the participating employer contributions, an employee under
             1109      Subsection (1)(b) is eligible for service credit in this system.
             1110          (b) Notwithstanding the provisions of Subsection (1)(f), any eligibility for service
             1111      credit earned by an employee under this chapter before the date of the election under
             1112      Subsection 49-13-202 (5) is not affected under Subsection (1)(f).



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             1113
         (4) Upon filing a written request for exemption with the office, the following
             1114      employees shall be exempt from coverage under this system:
             1115          (a) a full-time student or the spouse of a full-time student and individuals employed in
             1116      a trainee relationship;
             1117          (b) an elected official;
             1118          (c) an executive department head of the state, a member of the State Tax Commission,
             1119      a member of the Public Service Commission, and a member of a full-time or part-time board or
             1120      commission;
             1121          (d) an employee of the Governor's Office of Management and Budget;
             1122          (e) an employee of the Governor's Office of Economic Development;
             1123          (f) an employee of the Commission on Criminal and Juvenile Justice;
             1124          (g) an employee of the Governor's Office;
             1125          (h) an employee of the State Auditor's Office;
             1126          (i) an employee of the State Treasurer's Office;
             1127          (j) any other member who is permitted to make an election under Section 49-11-406 ;
             1128          (k) a person appointed as a city manager or chief city administrator or another person
             1129      employed by a municipality, county, or other political subdivision, who is an at-will employee;
             1130          (l) an employee of an interlocal cooperative agency created under Title 11, Chapter 13,
             1131      Interlocal Cooperation Act, who is engaged in a specialized trade customarily provided through
             1132      membership in a labor organization that provides retirement benefits to its members; and
             1133          (m) an employee of the Utah Science Technology and Research Initiative created under
             1134      Title 63M, Chapter 2, Utah Science Technology and Research Governing Authority Act.
             1135          (5) (a) Each participating employer shall prepare a list designating those positions
             1136      eligible for exemption under Subsection (4).
             1137          (b) An employee may not be exempted unless the employee is employed in a position
             1138      designated by the participating employer.
             1139          (6) (a) In accordance with this section, a municipality, county, or political subdivision
             1140      may not exempt more than 50 positions or a number equal to 10% of the employees of the
             1141      municipality, county, or political subdivision, whichever is lesser.
             1142          (b) A municipality, county, or political subdivision may exempt at least one regular
             1143      full-time employee.



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             1144
         (7) Each participating employer shall:
             1145          (a) file employee exemptions annually with the office; and
             1146          (b) update the employee exemptions in the event of any change.
             1147          (8) The office may make rules to implement this section.
             1148          Section 17. Section 49-13-204 is amended to read:
             1149           49-13-204. Higher education employees' eligibility requirements -- Election
             1150      between different retirement plans -- Classification requirements -- Transfer between
             1151      systems -- One-time election window -- Rulemaking.
             1152          (1) (a) A regular full-time employee of an institution of higher education who is
             1153      eligible to participate in either this system or in a retirement system with [the Teachers'
             1154      Insurance and Annuity Association of America or with any other] a public or private retirement
             1155      system, organization, or company, designated by the Board of Regents, shall, not later than
             1156      January 1, 1979, elect to participate exclusively in this system or in an annuity contract allowed
             1157      under this Subsection (1)(a).
             1158          (b) The election is final, and no right exists to make any further election.
             1159          (2) (a) Except as provided under Subsection (2)(c), a regular full-time employee hired
             1160      by an institution of higher education after January 1, 1979, may participate only in the
             1161      retirement plan which attaches to the person's employment classification.
             1162          (b) Each institution of higher education shall prepare or amend existing employment
             1163      classifications, under the direction of the Board of Regents, so that each classification is
             1164      assigned with either:
             1165          (i) this system; or
             1166          [(ii) the Teachers' Insurance and Annuity Association of America; or]
             1167          [(iii) another] (ii) a public or private system, organization, or company designated by
             1168      the Board of Regents.
             1169          (c) Notwithstanding a person's employment classification assignment under Subsection
             1170      (2)(b), a regular full-time employee who begins employment with an institution of higher
             1171      education on or after May 11, 2010, has a one-time irrevocable election to continue
             1172      participation in this system, if the employee has service credit in this system before the date of
             1173      employment.
             1174          (3) Notwithstanding an employment classification assignment change made under



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             1175
     Subsection (2)(b), a regular full-time employee hired by an institution of higher education after
             1176      January 1, 1979, whose employment classification requires participation in this system may
             1177      elect to continue participation in this system.
             1178          (4) A regular full-time employee hired by an institution of higher education after
             1179      January 1, 1979, whose employment classification requires participation in this system shall
             1180      participate in this system.
             1181          (5) (a) Notwithstanding any other provision of this section, a regular full-time
             1182      employee of an institution of higher education whose employment classification assignment
             1183      under Subsection (2)(b) required participation in a retirement program other than this system
             1184      shall have a one-time irrevocable election to participate in this system.
             1185          (b) The election under Subsection (5)(a) shall be made before June 30, 2010.
             1186          (c) All forms required by the office must be completed and received by the office no
             1187      later than June 30, 2010, for the election to participate in this system to be effective.
             1188          (d) Beginning July 1, 2010, a regular full-time employee of an institution of higher
             1189      education who elects to be covered by this system under Subsection (5)(a) may begin to accrue
             1190      service credit in this system.
             1191          (6) A regular full-time employee of an institution of higher education who elects to be
             1192      covered by this system under Subsection (2)(c) or (5)(a) may purchase periods of employment
             1193      while covered under another retirement program by complying with the requirements of
             1194      Section 49-11-403 .
             1195          (7) The board shall make rules to implement this section.
             1196          Section 18. Section 49-13-401 is amended to read:
             1197           49-13-401. Eligibility for an allowance -- Date of retirement -- Qualifications.
             1198          (1) A member is qualified to receive an allowance from this system when:
             1199          (a) except as provided under Subsection (3), the member ceases actual work for every
             1200      participating employer that employs the member before the member's retirement date and
             1201      provides evidence of the termination;
             1202          (b) the member has submitted to the office a [notarized] retirement application form
             1203      that states the member's proposed retirement date; and
             1204          (c) one of the following conditions is met as of the member's retirement date:
             1205          (i) the member has accrued at least four years of service credit and has attained an age



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             1206
     of 65 years;
             1207          (ii) the member has accrued at least 10 years of service credit and has attained an age
             1208      of 62 years;
             1209          (iii) the member has accrued at least 20 years of service credit and has attained an age
             1210      of 60 years;
             1211          (iv) the member has accrued at least 30 years of service credit; or
             1212          (v) the member has accrued at least 25 years of service credit, in which case the
             1213      member shall be subject to the reduction under Subsection 49-13-402 (2)(b).
             1214          (2) (a) The member's retirement date:
             1215          (i) shall be the 1st or the 16th day of the month, as selected by the member;
             1216          (ii) shall be on or after the date of termination; and
             1217          (iii) may not be more than 90 days before or after the date the application is received by
             1218      the office.
             1219          (b) Except as provided under Subsection (3), a member may not be employed by a
             1220      participating employer in the system established by this chapter on the retirement date selected
             1221      under Subsection (2)(a)(i).
             1222          (3) (a) A member who is employed by a participating employer and who is also an
             1223      elected official is not required to cease service as an elected official to be qualified to receive
             1224      an allowance under Subsection (1), unless the member is retiring from service as an elected
             1225      official.
             1226          (b) A member who is employed by a participating employer and who is also a part-time
             1227      appointed board member is not required to cease service as a part-time appointed board
             1228      member to be qualified to receive an allowance under Subsection (1).
             1229          Section 19. Section 49-13-402 is amended to read:
             1230           49-13-402. Service retirement plans -- Calculation of retirement allowance --
             1231      Social Security limitations.
             1232          (1) (a) Except as provided under Section 49-13-701 , retirees of this system may choose
             1233      from the six retirement options described in this section.
             1234          (b) Options Two, Three, Four, Five, and Six are modifications of the Option One
             1235      calculation.
             1236          (2) The Option One benefit is an allowance calculated as follows:



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             1237
         (a) If the retiree is at least 65 years of age or has accrued at least 30 years of service
             1238      credit, the allowance is an amount equal to 2% of the retiree's final average monthly salary
             1239      multiplied by the number of years of service credit accrued.
             1240          (b) If the retiree is less than 65 years of age, the allowance shall be reduced 3% for
             1241      each year of retirement from age 60 to age 65, plus a full actuarial reduction for each year of
             1242      retirement prior to age 60, unless the member has 30 or more years of accrued credit, in which
             1243      event no reduction is made to the allowance.
             1244          (c) (i) Years of service include any fractions of years of service to which the retiree
             1245      may be entitled.
             1246          (ii) At the time of retirement, if a retiree's combined years of actual, not purchased,
             1247      service credit is within 1/10 of one year of the total years of service credit required for
             1248      retirement, the retiree shall be considered to have the total years of service credit required for
             1249      retirement.
             1250          (d) An Option One allowance is only payable to the member during the member's
             1251      lifetime.
             1252          (3) The allowance payable under Options Two, Three, Four, Five, and Six is calculated
             1253      by reducing an Option One benefit based on actuarial computations to provide the following:
             1254          (a) Option Two is a reduced allowance paid to and throughout the lifetime of the
             1255      retiree, and, if the retiree receives less in annuity payments than the amount of the retiree's
             1256      member contributions, the remaining balance of the retiree's member contributions shall be
             1257      paid in accordance with Sections 49-11-609 and 49-11-610 .
             1258          (b) Option Three is a reduced allowance paid to and throughout the lifetime of the
             1259      retiree, and, upon the death of the retiree, the same reduced allowance paid to and throughout
             1260      the lifetime of the retiree's lawful spouse at the time of retirement.
             1261          (c) Option Four is a reduced allowance paid to and throughout the lifetime of the
             1262      retiree, and upon the death of the retiree, an amount equal to one-half of the retiree's allowance
             1263      paid to and throughout the lifetime of the retiree's lawful spouse at the time of retirement.
             1264          (d) Option Five is a modification of Option Three so that if the lawful spouse at the
             1265      time of retirement predeceases the retiree, an allowance equivalent to the amount payable at the
             1266      time of initial retirement under Option One shall be paid to the retiree for the remainder of the
             1267      retiree's life, beginning on the first day of the month following the month in which the:



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             1268
         (i) [following the month in which the] spouse died, if the application is received by the
             1269      office within 90 days of the spouse's death; or
             1270          (ii) [following the month in which the] application is received by the office, if the
             1271      application is received by the office more than 90 days after the spouse's death.
             1272          (e) Option Six is a modification of Option Four so that if the lawful spouse at the time
             1273      of retirement predeceases the retiree, an allowance equivalent to the amount payable at the time
             1274      of initial retirement under Option One shall be paid to the retiree for the remainder of the
             1275      retiree's life, beginning on the first day of the month following the month in which the:
             1276          (i) [following the month in which the] spouse died, if the application is received by the
             1277      office within 90 days of the spouse's death; or
             1278          (ii) [following the month in which the] application is received by the office, if the
             1279      application is received by the office more than 90 days after the spouse's death.
             1280          (4) (a) (i) The final average salary is limited in the computation of that part of an
             1281      allowance based on service rendered prior to July 1, 1967, during a period when the retiree
             1282      received employer contributions on a portion of compensation from an educational institution
             1283      toward the payment of the premium required on a retirement annuity contract with [the
             1284      Teachers' Insurance and Annuity Association of America or with any other] a public or private
             1285      system, organization, or company designated by the State Board of Regents to $4,800.
             1286          (ii) This limitation is not applicable to retirees who elected to continue in the Public
             1287      Employees' Contributory Retirement System by July 1, 1967.
             1288          (b) Periods of employment which are exempt from this system as permitted under
             1289      Subsection 49-13-203 (1)(b) may be purchased by the member for the purpose of retirement
             1290      only if all benefits from [the Teachers' Insurance and Annuity Association of America or any
             1291      other] a public or private system [or organization], organization, or company designated by the
             1292      State Board of Regents based on this period of employment are forfeited.
             1293          (5) (a) If a retiree under Option One dies within 90 days after the retiree's retirement
             1294      date, the retirement is canceled and the death shall be considered as that of a member before
             1295      retirement.
             1296          (b) Any payments made to the retiree shall be deducted from the amounts due to the
             1297      beneficiary.
             1298          (6) If a retiree retires under either Option Five or Six and subsequently divorces, the



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             1299
     retiree may elect to convert the benefit to an Option One benefit at the time of divorce, if there
             1300      is no court order filed in the matter.
             1301          Section 20. Section 49-14-201 is amended to read:
             1302           49-14-201. System membership -- Eligibility.
             1303          (1) Except as provided in Section 49-15-201 , a public safety service employee of a
             1304      participating employer participating in this system is eligible for service credit in this system at
             1305      the earliest of:
             1306          (a) July 1, 1969, if the public safety service employee was employed by the
             1307      participating employer on July 1, 1969, and the participating employer was participating in this
             1308      system on that date;
             1309          (b) the date the participating employer begins participating in this system if the public
             1310      safety service employee was employed by the participating employer on that date; or
             1311          (c) the date the public safety service employee is employed by the participating
             1312      employer and is eligible to perform public safety service, except that a public safety service
             1313      employee initially entering employment with a participating employer on or after July 1, 2011,
             1314      who does not have service credit accrued before July 1, 2011, in a Tier I system or plan
             1315      administered by the board, may not participate in this system.
             1316          (2) (a) (i) A participating employer that has public safety service and firefighter service
             1317      employees that require cross-training and duty shall enroll those dual purpose employees in the
             1318      system in which the greatest amount of time is actually worked.
             1319          (ii) The employees shall either be full-time public safety service or full-time firefighter
             1320      service employees of the participating employer.
             1321          (b) (i) Prior to transferring a dual purpose employee from one system to another, the
             1322      participating employer shall receive written permission from the office.
             1323          (ii) The office may request documentation to verify the appropriateness of the transfer.
             1324          (3) The board may combine or segregate the actuarial experience of participating
             1325      employers in this system for the purpose of setting contribution rates.
             1326          (4) (a) (i) Each participating employer participating in this system shall annually
             1327      submit to the office a schedule indicating the positions to be covered under this system in
             1328      accordance with this chapter.
             1329          (ii) The office may require documentation to justify the inclusion of any position under



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             1330
     this system.
             1331          (b) If there is a dispute between the office and a participating employer or employee
             1332      over any position to be covered, the disputed position shall be submitted to the Peace Officer
             1333      Standards and Training Council established under Section 53-6-106 for determination.
             1334          (c) (i) The Peace Officer Standards and Training Council's authority to decide
             1335      eligibility for public safety service credit is limited to claims for coverage under this system for
             1336      time periods after July 1, 1989.
             1337          (ii) A decision of the Peace Officer Standards and Training Council may not be applied
             1338      to service credit earned in another system prior to July 1, 1989.
             1339          (iii) Except as provided under Subsection (4)(c)(iv), a decision of the Peace Officer
             1340      Standards and Training Council granting a position coverage under this system may only be
             1341      applied prospectively from the date of that decision.
             1342          (iv) A decision of the Peace Officer Standards and Training Council granting a position
             1343      coverage under this system may be applied retroactively only if:
             1344          (A) the participating employer covered other similarly situated positions under this
             1345      system during the time period in question; and
             1346          (B) the position otherwise meets all eligibility requirements for receiving service credit
             1347      in this system during the period for which service credit is to be granted.
             1348          (5) The Peace Officer Standards and Training Council may use a subcommittee to
             1349      provide a recommendation to the council in determining disputes between the office and a
             1350      participating employer or employee over a position to be covered under this system.
             1351          (6) The Peace Officer Standards and Training Council shall comply with Title 63G,
             1352      Chapter 4, Administrative Procedures Act, in resolving coverage disputes in this system.
             1353          (7) A public safety employee who is transferred or promoted to an administration
             1354      position not covered by this system shall continue to earn public safety service credit in this
             1355      system as long as the employee remains employed in the same department.
             1356          (8) Any employee who is reassigned to the Department of Technology Services or to
             1357      the Department of Human Resource Management, and who was a member of this system, shall
             1358      be entitled to remain a member of this system.
             1359          (9) (a) To determine that a position is covered under this system, the office and, if a
             1360      coverage dispute arises, the Peace Officer Standards and Training Council shall find that the



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             1361
     position requires the employee to:
             1362          (i) place the employee's life or personal safety at risk; and
             1363          (ii) complete training as provided in Section 53-13-103 , 53-13-104 , or 53-13-105 .
             1364          (b) If a position satisfies the requirements of Subsection (9)(a), the office and the Peace
             1365      Officer Standards and Training Council shall consider whether or not the position requires the
             1366      employee to:
             1367          (i) perform duties that consist primarily of actively preventing or detecting crime and
             1368      enforcing criminal statutes or ordinances of this state or any of its political subdivisions;
             1369          (ii) perform duties that consist primarily of providing community protection; and
             1370          (iii) respond to situations involving threats to public safety and make emergency
             1371      decisions affecting the lives and health of others.
             1372          (10) If a subcommittee is used to recommend the determination of disputes to the
             1373      Peace Officer Standards and Training Council, the subcommittee shall comply with the
             1374      requirements of Subsection (9) in making its recommendation.
             1375          (11) A final order of the Peace Officer Standards and Training Council regarding a
             1376      dispute is a final agency action for purposes of Title 63G, Chapter 4, Administrative
             1377      Procedures Act.
             1378          (12) Except as provided under Subsection (13), if a participating employer's public
             1379      safety service employees are not covered by this system or under Chapter 15, Public Safety
             1380      Noncontributory Retirement Act, as of January 1, 1998, those public safety service employees
             1381      who may otherwise qualify for membership in this system shall, at the discretion of the
             1382      participating employer, remain in their current retirement system.
             1383          (13) (a) A public safety service employee employed by an airport police department,
             1384      which elects to cover its public safety service employees under the Public Safety
             1385      Noncontributory Retirement System under Subsection (12), may elect to remain in the public
             1386      safety service employee's current retirement system.
             1387          (b) The public safety service employee's election to remain in the current retirement
             1388      system under Subsection (13)(a):
             1389          (i) shall be made at the time the employer elects to move its public safety service
             1390      employees to a public safety retirement system;
             1391          (ii) documented by written notice to the participating employer; and



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             1392
         (iii) is irrevocable.
             1393          (14) Notwithstanding any other provision of this section, a person initially entering
             1394      employment with a participating employer on or after July 1, 2011, who does not have service
             1395      credit accrued before July 1, 2011, in a Tier I system or plan administered by the board, may
             1396      not participate in this system.
             1397          Section 21. Section 49-14-401 is amended to read:
             1398           49-14-401. Eligibility for service retirement -- Date of retirement --
             1399      Qualifications.
             1400          (1) A member is qualified to receive an allowance from this system when:
             1401          (a) except as provided under Subsection (3), the member ceases actual work for every
             1402      participating employer that employs the member before the member's retirement date and
             1403      provides evidence of the termination;
             1404          (b) the member has submitted to the office a [notarized] retirement application form
             1405      that states the member's proposed retirement date; and
             1406          (c) one of the following conditions is met as of the member's retirement date:
             1407          (i) the member has accrued at least 20 years of service credit;
             1408          (ii) the member has accrued at least 10 years of service credit and has attained an age
             1409      of 60 years; or
             1410          (iii) the member has accrued at least four years of service credit and has attained an age
             1411      of 65 years.
             1412          (2) (a) The member's retirement date:
             1413          (i) shall be the 1st or the 16th day of the month, as selected by the member;
             1414          (ii) shall be on or after the date of termination; and
             1415          (iii) may not be more than 90 days before or after the date the application is received by
             1416      the office.
             1417          (b) Except as provided under Subsection (3), a member may not be employed by a
             1418      participating employer in the system established by this chapter on the retirement date selected
             1419      under Subsection (2)(a)(i).
             1420          (3) (a) A member who is employed by a participating employer and who is also an
             1421      elected official is not required to cease service as an elected official to be qualified to receive
             1422      an allowance under Subsection (1), unless the member is retiring from service as an elected



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             1423
     official.
             1424          (b) A member who is employed by a participating employer and who is also a part-time
             1425      appointed board member is not required to cease service as a part-time appointed board
             1426      member to be qualified to receive an allowance under Subsection (1).
             1427          Section 22. Section 49-14-501 is amended to read:
             1428           49-14-501. Death of active member in Division A -- Payment of benefits.
             1429          (1) If an active member of this system enrolled in Division A under Section 49-14-301
             1430      dies, benefits are payable as follows:
             1431          (a) If the death is classified by the office as a line-of-duty death, the spouse at the time
             1432      of death shall receive a lump sum of $1,000 and an allowance equal to 30% of the deceased
             1433      member's final average monthly salary.
             1434          (b) If the death is not classified by the office as a line-of-duty death, benefits are
             1435      payable as follows:
             1436          (i) If the member has accrued less than 10 years of public safety service credit, the
             1437      beneficiary shall receive the sum of $1,000 or a refund of the member's member contributions,
             1438      whichever is greater.
             1439          (ii) If the member has accrued 10 or more years of public safety service credit at the
             1440      time of death, the spouse at the time of death shall receive the sum of $500, plus an allowance
             1441      equal to 2% of the member's final average monthly salary for each year of service credit
             1442      accrued by the member up to a maximum of 30% of the member's final average monthly salary.
             1443          (2) [Benefits] Except as provided under Subsection (1)(b)(i), benefits are not payable
             1444      to minor children of members covered under Division A.
             1445          (3) If a benefit is not distributed under this section, and the member has designated a
             1446      beneficiary, the member's member contributions shall be paid to the beneficiary.
             1447          (4) (a) A spouse who requests a benefit under this section shall apply in writing to the
             1448      office.
             1449          (b) The allowance shall begin on the first day of the month following the month in
             1450      which the:
             1451          (i) [following the month in which the] member died, if the application is received by
             1452      the office within 90 days of the member's death; or
             1453          (ii) [following the month in which the] application is received by the office, if the



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             1454
     application is received by the office more than 90 days after the member's death.
             1455          Section 23. Section 49-14-504 is amended to read:
             1456           49-14-504. Benefits payable upon death of retired member -- Enhanced benefit
             1457      election -- Rulemaking.
             1458          (1) If a retiree who retired under either Division A or Division B dies, the retiree's
             1459      spouse at the time of death of the retiree shall receive an allowance equal to 65% of the
             1460      allowance that was being paid to the retiree at the time of death.
             1461          (2) (a) Notwithstanding the amount of the allowance under Subsection (1), at the time
             1462      of retirement, a retiree may elect to increase the spousal death benefit to 75% of an allowance
             1463      computed in accordance with Section 49-14-402 .
             1464          (b) If an election is made under Subsection (2)(a), the member's allowance shall be
             1465      reduced to an amount payable monthly for life to reflect the actuarial equivalent necessary to
             1466      pay for the increased spousal death benefit above 65%.
             1467          (3) (a) For a retiree whose retirement date is before July 1, 2009, the office shall
             1468      provide an optional spousal death benefit to bring the total spousal death benefit up to 75% of
             1469      an allowance computed in accordance with Section 49-14-402 .
             1470          (b) A retiree may elect to purchase the optional spousal death benefit until July 1,
             1471      2010.
             1472          (c) If an election is made under Subsection (3)(b), the retiree's allowance shall be
             1473      reduced to an amount payable monthly for life to reflect the actuarial equivalent necessary to
             1474      pay for the increased spousal death benefit above 65%.
             1475          (d) The board shall make rules to administer the death benefit under this Subsection
             1476      (3).
             1477          (4) If the retiree retired solely under Division B and dies leaving unmarried children
             1478      under the age of 18 or dependent unmarried children with a mental or physical disability, the
             1479      children shall qualify for a benefit as prescribed for children under Subsection 49-14-502 (1)(c)
             1480      [which is payable on the first day of the month following the month in which the retiree died].
             1481          (5) (a) A beneficiary who qualifies for a monthly benefit under this section shall apply
             1482      in writing to the office.
             1483          (b) The allowance shall begin on the first day of the month following the month in
             1484      which the:



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             1485
         (i) member or participant died, if the application is received by the office within 90
             1486      days of the date of death of the member or participant; or
             1487          (ii) application is received by the office, if the application is received by the office
             1488      more than 90 days after the date of death of the member or participant.
             1489          Section 24. Section 49-15-201 is amended to read:
             1490           49-15-201. System membership -- Eligibility.
             1491          (1) (a) A public safety service employee employed by the state after July 1, 1989, but
             1492      before July 1, 2011, is eligible for service credit in this system.
             1493          (b) A public safety service employee employed by the state prior to July 1, 1989, may
             1494      either elect to receive service credit in this system or continue to receive service credit under
             1495      the system established under Chapter 14, Public Safety Contributory Retirement Act, by
             1496      following the procedures established by the board under this chapter.
             1497          (2) (a) Public safety service employees of a participating employer other than the state
             1498      that elected on or before July 1, 1989, to remain in the Public Safety Contributory Retirement
             1499      System shall be eligible only for service credit in that system.
             1500          (b) (i) A participating employer other than the state that elected on or before July 1,
             1501      1989, to participate in this system shall, have allowed, prior to July 1, 1989, a public safety
             1502      service employee to elect to participate in either this system or the Public Safety Contributory
             1503      Retirement System.
             1504          (ii) Except as expressly allowed by this title, the election of the public safety service
             1505      employee is final and may not be changed.
             1506          (c) A public safety service employee hired by a participating employer other than the
             1507      state after July 1, 1989, but before July 1, 2011, shall become a member in this system.
             1508          (d) A public safety service employee of a participating employer other than the state
             1509      who began participation in this system after July 1, 1989, but before July 1, 2011, is only
             1510      eligible for service credit in this system.
             1511          (e) A person initially entering employment with a participating employer on or after
             1512      July 1, 2011, who does not have service credit accrued before July 1, 2011, in a Tier I system
             1513      or plan administered by the board, may not participate in this system.
             1514          (3) (a) (i) A participating employer that has public safety service and firefighter service
             1515      employees that require cross-training and duty shall enroll those dual purpose employees in the



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             1516
     system in which the greatest amount of time is actually worked.
             1517          (ii) The employees shall either be full-time public safety service or full-time firefighter
             1518      service employees of the participating employer.
             1519          (b) (i) Prior to transferring a dual purpose employee from one system to another, the
             1520      participating employer shall receive written permission from the office.
             1521          (ii) The office may request documentation to verify the appropriateness of the transfer.
             1522          (4) The board may combine or segregate the actuarial experience of participating
             1523      employers in this system for the purpose of setting contribution rates.
             1524          (5) (a) (i) Each participating employer participating in this system shall annually
             1525      submit to the office a schedule indicating the positions to be covered under this system in
             1526      accordance with this chapter.
             1527          (ii) The office may require documentation to justify the inclusion of any position under
             1528      this system.
             1529          (b) If there is a dispute between the office and a participating employer or employee
             1530      over any position to be covered, the disputed position shall be submitted to the Peace Officer
             1531      Standards and Training Council established under Section 53-6-106 for determination.
             1532          (c) (i) The Peace Officer Standards and Training Council's authority to decide
             1533      eligibility for public safety service credit is limited to claims for coverage under this system for
             1534      time periods after July 1, 1989.
             1535          (ii) A decision of the Peace Officer Standards and Training Council may not be applied
             1536      to service credit earned in another system prior to July 1, 1989.
             1537          (iii) Except as provided under Subsection (5)(c)(iv), a decision of the Peace Officer
             1538      Standards and Training Council granting a position coverage under this system may only be
             1539      applied prospectively from the date of that decision.
             1540          (iv) A decision of the Peace Officer Standards and Training Council granting a position
             1541      coverage under this system may be applied retroactively only if:
             1542          (A) the participating employer covered other similarly situated positions under this
             1543      system during the time period in question; and
             1544          (B) the position otherwise meets all eligibility requirements for receiving service credit
             1545      in this system during the period for which service credit is to be granted.
             1546          (6) The Peace Officer Standards and Training Council may use a subcommittee to



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             1547
     provide a recommendation to the council in determining disputes between the office and a
             1548      participating employer or employee over a position to be covered under this system.
             1549          (7) The Peace Officer Standards and Training Council shall comply with Title 63G,
             1550      Chapter 4, Administrative Procedures Act, in resolving coverage disputes in this system.
             1551          (8) A public safety service employee who is transferred or promoted to an
             1552      administration position not covered by this system shall continue to earn public safety service
             1553      credit in this system as long as the employee remains employed in the same department.
             1554          (9) Any employee who is reassigned to the Department of Technology Services or to
             1555      the Department of Human Resource Management, and who was a member in this system, shall
             1556      be entitled to remain a member in this system.
             1557          (10) (a) To determine that a position is covered under this system, the office and, if a
             1558      coverage dispute arises, the Peace Officer Standards and Training Council shall find that the
             1559      position requires the employee to:
             1560          (i) place the employee's life or personal safety at risk; and
             1561          (ii) complete training as provided in Section 53-13-103 , 53-13-104 , or 53-13-105 .
             1562          (b) If a position satisfies the requirements of Subsection (10)(a), the office and Peace
             1563      Officer Standards and Training Council shall consider whether the position requires the
             1564      employee to:
             1565          (i) perform duties that consist primarily of actively preventing or detecting crime and
             1566      enforcing criminal statutes or ordinances of this state or any of its political subdivisions;
             1567          (ii) perform duties that consist primarily of providing community protection; and
             1568          (iii) respond to situations involving threats to public safety and make emergency
             1569      decisions affecting the lives and health of others.
             1570          (11) If a subcommittee is used to recommend the determination of disputes to the
             1571      Peace Officer Standards and Training Council, the subcommittee shall comply with the
             1572      requirements of Subsection (10) in making its recommendation.
             1573          (12) A final order of the Peace Officer Standards and Training Council regarding a
             1574      dispute is a final agency action for purposes of Title 63G, Chapter 4, Administrative
             1575      Procedures Act.
             1576          (13) Except as provided under Subsection (14), if a participating employer's public
             1577      safety service employees are not covered by this system or under Chapter 14, Public Safety



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             1578
     Contributory Retirement Act, as of January 1, 1998, those public safety service employees who
             1579      may otherwise qualify for membership in this system shall, at the discretion of the participating
             1580      employer, remain in their current retirement system.
             1581          (14) (a) A public safety service employee employed by an airport police department,
             1582      which elects to cover its public safety service employees under the Public Safety
             1583      Noncontributory Retirement System under Subsection (13), may elect to remain in the public
             1584      safety service employee's current retirement system.
             1585          (b) The public safety service employee's election to remain in the current retirement
             1586      system under Subsection (14)(a):
             1587          (i) shall be made at the time the employer elects to move its public safety service
             1588      employees to a public safety retirement system;
             1589          (ii) documented by written notice to the participating employer; and
             1590          (iii) is irrevocable.
             1591          (15) Notwithstanding any other provision of this section, a person initially entering
             1592      employment with a participating employer on or after July 1, 2011, who does not have service
             1593      credit accrued before July 1, 2011, in a Tier I system or plan administered by the board, may
             1594      not participate in this system.
             1595          Section 25. Section 49-15-202 is amended to read:
             1596           49-15-202. Participation of employers -- Requirements -- Admission -- Full
             1597      participation in system -- Supplemental programs authorized.
             1598          (1) An employer that employs public safety service employees and is required by
             1599      Section 49-12-202 or 49-13-202 to be a participating employer in the Public Employees'
             1600      Contributory Retirement System or the Public Employees' Noncontributory Retirement System
             1601      shall cover all its public safety service employees under one of the following systems or plans:
             1602          (a) Chapter 12, Public Employees' Contributory Retirement Act;
             1603          (b) Chapter 13, Public Employees' Noncontributory Retirement Act;
             1604          (c) Chapter 14, Public Safety Contributory Retirement Act;
             1605          (d) Chapter 15, Public Safety Noncontributory Retirement Act; or
             1606          (e) Chapter 23, New Public Safety and Firefighter Tier II Contributory Retirement Act.
             1607          (2) An employer that covers its public safety employees under Subsection (1)(d) is a
             1608      participating employer in this system.



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             1609
         (3) If a participating employer under Subsection (1) covers any of its public safety
             1610      service employees under the Public Safety Contributory Retirement System or the Public
             1611      Safety Noncontributory Retirement System, that participating employer shall cover all of its
             1612      public safety service employees under one of those systems, except for a public safety service
             1613      employee initially entering employment with a participating employer beginning on or after
             1614      July 1, 2011.
             1615          (4) (a) Until June 30, 2011, an employer that is not participating in this system may by
             1616      resolution of its governing body apply for coverage of its public safety service employees by
             1617      this system.
             1618          (b) Upon approval of the board, the employer shall become a participating employer in
             1619      this system subject to this title.
             1620          (5) (a) If a participating employer purchases service credit on behalf of employees for
             1621      service rendered prior to the participating employer's admission to this system, the service
             1622      credit must be purchased in a nondiscriminatory manner on behalf of all current and former
             1623      employees who were eligible for service credit at the time service was rendered.
             1624          (b) For a purchase made under this Subsection (5), an employee is not required to:
             1625          (i) have at least four years of service credit before the purchase can be made; or
             1626          (ii) forfeit service credit or any defined contribution balance based on the employer
             1627      contributions under any other retirement system or plan based on the period of employment for
             1628      which service credit is being purchased.
             1629          (6) A participating employer may not withdraw from this system.
             1630          (7) In addition to their participation in the system, participating employers may provide
             1631      or participate in any additional public or private retirement, supplemental or defined
             1632      contribution plan, either directly or indirectly, for their employees.
             1633          Section 26. Section 49-15-401 is amended to read:
             1634           49-15-401. Eligibility for service retirement -- Date of retirement --
             1635      Qualifications.
             1636          (1) A member is qualified to receive an allowance from this system when:
             1637          (a) except as provided under Subsection (3), the member ceases actual work for every
             1638      participating employer that employs the member before the member's retirement date and
             1639      provides evidence of the termination;



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             1640
         (b) the member has submitted to the office a [notarized] retirement application form
             1641      that states the member's proposed retirement date; and
             1642          (c) one of the following conditions is met as of the member's retirement date:
             1643          (i) the member has accrued at least 20 years of service credit;
             1644          (ii) the member has accrued at least 10 years of service credit and has attained an age
             1645      of 60 years; or
             1646          (iii) the member has accrued at least four years of service and has attained an age of 65
             1647      years.
             1648          (2) (a) The member's retirement date:
             1649          (i) shall be the 1st or the 16th day of the month, as selected by the member;
             1650          (ii) shall be on or after the date of termination; and
             1651          (iii) may not be more than 90 days before or after the date the application is received by
             1652      the office.
             1653          (b) Except as provided under Subsection (3), a member may not be employed by a
             1654      participating employer in the system established by this chapter on the retirement date selected
             1655      under Subsection (2)(a)(i).
             1656          (3) (a) A member who is employed by a participating employer and who is also an
             1657      elected official is not required to cease service as an elected official to be qualified to receive
             1658      an allowance under Subsection (1), unless the member is retiring from service as an elected
             1659      official.
             1660          (b) A member who is employed by a participating employer and who is also a part-time
             1661      appointed board member is not required to cease service as a part-time appointed board
             1662      member to be qualified to receive an allowance under Subsection (1).
             1663          Section 27. Section 49-15-501 is amended to read:
             1664           49-15-501. Death of active member in Division A -- Payment of benefits.
             1665          (1) If an active member of this system enrolled in Division A under Section 49-15-301
             1666      dies, benefits are payable as follows:
             1667          (a) If the death is classified by the office as a line-of-duty death, benefits are payable as
             1668      follows:
             1669          (i) If the member has accrued less than 20 years of public safety service credit, the
             1670      spouse at the time of death shall receive a lump sum of $1,000 and an allowance equal to 30%



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             1671
     of the member's final average monthly salary.
             1672          (ii) If the member has accrued 20 or more years of public safety service credit, the
             1673      member shall be considered to have retired with an allowance calculated under Section
             1674      49-15-402 and the spouse at the time of death shall receive the death benefit payable to a
             1675      spouse at the time of death under Section 49-15-504 .
             1676          (b) If the death is not classified as a line-of-duty death by the office, benefits are
             1677      payable as follows:
             1678          (i) If the member has accrued less than 10 years of public safety service credit, the
             1679      beneficiary shall receive the sum of $1,000 or a refund of the member's member contributions,
             1680      whichever is greater.
             1681          (ii) If the member has accrued 10 or more years, but less than 20 years of public safety
             1682      service credit at the time of death, the spouse at the time of death shall receive the sum of $500,
             1683      plus an allowance equal to 2% of the member's final average monthly salary for each year of
             1684      service credit accrued by the member up to a maximum of 30% of the member's final average
             1685      monthly salary.
             1686          (iii) If the member has accrued 20 or more years of public safety service credit, the
             1687      benefit shall be calculated as provided in Subsection (1)(a)(ii).
             1688          (2) [Benefits] Except as provided under Subsection (1)(b)(i), benefits are not payable
             1689      to minor children under Division A.
             1690          (3) If a benefit is not distributed under this section, and the member has designated a
             1691      beneficiary, the member's member contribution shall be paid to the beneficiary.
             1692          (4) (a) A spouse who requests a benefit under this section shall apply in writing to the
             1693      office.
             1694          (b) The allowance shall begin on the first day of the month following the month in
             1695      which the:
             1696          (i) [following the month in which the] member died, if the application is received by
             1697      the office within 90 days of the member's death; or
             1698          (ii) [following the month in which the] application is received by the office, if the
             1699      application is received by the office more than 90 days after the member's death.
             1700          Section 28. Section 49-15-504 is amended to read:
             1701           49-15-504. Benefits payable upon death of retired member -- Enhanced benefit



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             1702
     election -- Rulemaking.
             1703          (1) If a retiree who retired under either Division A or Division B dies, the retiree's
             1704      spouse at the time of death of the retiree shall receive an allowance equal to 65% of the
             1705      allowance that was being paid to the retiree at the time of death.
             1706          (2) (a) Notwithstanding the amount of the allowance under Subsection (1), at the time
             1707      of retirement, a retiree may elect to increase the spousal death benefit to 75% of an allowance
             1708      computed in accordance with Section 49-15-402 .
             1709          (b) If an election is made under Subsection (2)(a), the member's allowance shall be
             1710      reduced to an amount payable monthly for life to reflect the actuarial equivalent necessary to
             1711      pay for the increased spousal death benefit above 65%.
             1712          (3) (a) For a retiree whose retirement date is before July 1, 2009, the office shall
             1713      provide an optional spousal death benefit to bring the total spousal death benefit up to 75% of
             1714      an allowance computed in accordance with Section 49-15-402 .
             1715          (b) A retiree may elect to purchase the optional spousal death benefit until July 1,
             1716      2010.
             1717          (c) If an election is made under Subsection (3)(b), the retiree's allowance shall be
             1718      reduced to an amount payable monthly for life to reflect the actuarial equivalent necessary to
             1719      pay for the increased spousal death benefit above 65%.
             1720          (d) The board shall make rules to administer the death benefit under this Subsection
             1721      (3).
             1722          (4) If the retiree retired solely under Division B and dies leaving unmarried children
             1723      under the age of 18 or dependent unmarried children with a mental or physical disability, the
             1724      children shall qualify for a benefit as prescribed under Subsection 49-15-502 (1)(d) [which is
             1725      payable on the first day of the month following the month in which the retiree died].
             1726          (5) (a) A beneficiary who qualifies for a monthly benefit under this section shall apply
             1727      in writing to the office.
             1728          (b) The allowance shall begin on the first day of the month following the month in
             1729      which the:
             1730          (i) member or participant died, if the application is received by the office within 90
             1731      days of the date of death of the member or participant; or
             1732          (ii) application is received by the office, if the application is received by the office



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             1733
     more than 90 days after the date of death of the member or participant.
             1734          Section 29. Section 49-16-201 is amended to read:
             1735           49-16-201. System membership -- Eligibility.
             1736          (1) A firefighter service employee who performs firefighter service for an employer
             1737      participating in this system is eligible for service credit in this system upon the earliest of:
             1738          (a) July 1, 1971, if the firefighter service employee was employed by the participating
             1739      employer on July 1, 1971, and the participating employer was participating in this system on
             1740      that date;
             1741          (b) the date the participating employer begins participating in this system if the
             1742      firefighter service employee was employed by the participating employer on that date; or
             1743          (c) the date the firefighter service employee is hired to perform firefighter services for a
             1744      participating employer, if the firefighter:
             1745          (i) initially enters employment before July 1, 2011[.]; or
             1746          (ii) has service credit accrued before July 1, 2011, in a Tier I system or plan
             1747      administered by the board.
             1748          (2) (a) (i) A participating employer that has public safety service and firefighter service
             1749      employees that require cross-training and duty shall enroll the dual purpose employees in the
             1750      system in which the greatest amount of time is actually worked.
             1751          (ii) The employees shall either be full-time public safety service or full-time firefighter
             1752      service employees of the participating employer.
             1753          (b) (i) Before transferring a dual purpose employee from one system to another, the
             1754      participating employer shall receive written permission from the office.
             1755          (ii) The office may request documentation to verify the appropriateness of the transfer.
             1756          (3) (a) A person hired by a regularly constituted fire department on or after July 1,
             1757      1971, who does not perform firefighter service is not eligible for service credit in this system.
             1758          (b) The nonfirefighter service employee shall become a member of the system for
             1759      which the nonfirefighter service employee qualifies for service credit.
             1760          (c) The service credit exclusion under this Subsection (3) may not be interpreted to
             1761      prohibit the assignment of a firefighter with a disability or partial disability to a nonfirefighter
             1762      service position.
             1763          (d) If Subsection (3)(c) applies, the firefighter service employee remains eligible for



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     service credit in this system.
             1765          (4) An allowance or other benefit may not be granted under this system that is based
             1766      upon the same service for benefits received under some other system.
             1767          (5) Service as a volunteer firefighter is not eligible for service credit in this system.
             1768          (6) An employer that maintains a regularly constituted fire department is eligible to
             1769      participate in this system.
             1770          (7) Beginning July 1, 2011, a person who is initially entering employment with a
             1771      participating employer and who does not have service credit accrued before July 1, 2011, in a
             1772      Tier I system or plan administered by the board may not participate in this system.
             1773          Section 30. Section 49-16-401 is amended to read:
             1774           49-16-401. Eligibility for service retirement -- Date of retirement --
             1775      Qualifications.
             1776          (1) A member is qualified to receive an allowance from this system when:
             1777          (a) except as provided under Subsection (3), the member ceases actual work for every
             1778      participating employer that employs the member before the member's retirement date and
             1779      provides evidence of the termination;
             1780          (b) the member has submitted to the office a [notarized] retirement application form
             1781      that states the member's proposed retirement date; and
             1782          (c) one of the following conditions is met as of the member's retirement date:
             1783          (i) the member has accrued at least 20 years of service credit;
             1784          (ii) the member has accrued at least 10 years of service credit and has attained an age
             1785      of 60 years; or
             1786          (iii) the member has accrued at least four years of service credit and has attained an age
             1787      of 65 years.
             1788          (2) (a) The member's retirement date:
             1789          (i) shall be the 1st or the 16th day of the month, as selected by the firefighter service
             1790      employee;
             1791          (ii) shall be on or after the date of termination; and
             1792          (iii) may not be more than 90 days before or after the date the application is received by
             1793      the office.
             1794          (b) Except as provided under Subsection (3), a member may not be employed by a



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             1795
     participating employer in the system established by this chapter on the retirement date selected
             1796      under Subsection (2)(a)(i).
             1797          (3) (a) A member who is employed by a participating employer and who is also an
             1798      elected official is not required to cease service as an elected official to be qualified to receive
             1799      an allowance under Subsection (1), unless the member is retiring from service as an elected
             1800      official.
             1801          (b) A member who is employed by a participating employer and who is also a part-time
             1802      appointed board member is not required to cease service as a part-time appointed board
             1803      member to be qualified to receive an allowance under Subsection (1).
             1804          Section 31. Section 49-16-504 is amended to read:
             1805           49-16-504. Benefits payable upon death of retired member.
             1806          (1) If a retiree who retired under either Division A or Division B dies, the retiree's
             1807      spouse at the time of death shall receive an allowance equal to 75% of the allowance that was
             1808      being paid to the retiree at the time of death.
             1809          (2) If the retiree retired solely under Division B and dies leaving unmarried children
             1810      under the age of 21 or dependent unmarried children with a mental or physical disability, the
             1811      children shall qualify for a benefit as prescribed under Subsection 49-16-502 (1)(c) [which is
             1812      payable on the first day of the month following the month in which the retiree died].
             1813          (3) (a) A beneficiary who qualifies for a monthly benefit under this section shall apply
             1814      in writing to the office.
             1815          (b) The allowance shall begin on the first day of the month following the month in
             1816      which the:
             1817          (i) member or participant died, if the application is received by the office within 90
             1818      days of the date of death of the member or participant; or
             1819          (ii) application is received by the office, if the application is received by the office
             1820      more than 90 days after the date of death of the member or participant.
             1821          Section 32. Section 49-17-401 is amended to read:
             1822           49-17-401. Eligibility for an allowance -- Date of retirement -- Qualifications.
             1823          (1) A member is qualified to receive an allowance when:
             1824          (a) the member ceases actual work for every participating employer that employs the
             1825      member before the member's retirement date and provides evidence of the termination;



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             1826
         (b) the member has submitted to the office a [notarized] retirement application form
             1827      that states the member's proposed retirement date; and
             1828          (c) one of the following conditions is met as of the member's retirement date:
             1829          (i) the member has accrued at least six years of service credit and has attained an age of
             1830      70 years;
             1831          (ii) the member has accrued at least 10 years of service credit and has attained an age
             1832      of 62 years;
             1833          (iii) the member has accrued at least 20 years of service credit and has attained an age
             1834      of 55 years; or
             1835          (iv) the member has accrued at least 25 years of service credit.
             1836          (2) (a) The member's retirement date:
             1837          (i) shall be the 1st or the 16th day of the month, as selected by the member;
             1838          (ii) shall be on or after the date of termination; and
             1839          (iii) may not be more than 90 days before or after the date the application is received by
             1840      the office.
             1841          (b) A member may not be employed by a participating employer in the system
             1842      established by this chapter on the retirement date selected under Subsection (2)(a)(i).
             1843          Section 33. Section 49-17-402 is amended to read:
             1844           49-17-402. Calculation of retirement allowance.
             1845          (1) A retiree under this system shall receive an allowance equal to:
             1846          (a) 5% of the final average monthly salary multiplied by the number of years of service
             1847      credit, limited to 10 years; plus
             1848          (b) 2.25% of the final average monthly salary multiplied by the number of years of
             1849      service credit in excess of 10 years and up to and including 20 years; plus
             1850          (c) 1% of the final average monthly salary multiplied by the number of years of service
             1851      credit in excess of 20 years.
             1852          (2) (a) Except as modified by cost-of-living adjustments and except as provided under
             1853      Subsection (2)(b), an allowance under this system may not exceed 75% of the member's final
             1854      average monthly salary.
             1855          (b) The allowance limitation under Subsection (2)(a) does not apply to a member who
             1856      initially retires on or after July 1, 2010.



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         (3) If the retiree has attained the age of 55 years and has 20 years or more but less than
             1858      25 years of service credit, the retiree shall receive an early retirement reduction to the
             1859      allowance based on an actuarial calculation assuming a normal retirement age of 65 years.
             1860          Section 34. Section 49-17-502 is amended to read:
             1861           49-17-502. Benefits payable upon death of retired member.
             1862          (1) (a) The death benefit payable to a retiree's spouse at the time of death is an
             1863      allowance equal to 65% of the allowance which was being paid to the retiree at the time of
             1864      death.
             1865          (b) The effective date of the accrual of this allowance is the first day of the month
             1866      following the month in which the retiree died.
             1867          (2) (a) Notwithstanding the amount of the allowance under Subsection (1), at the time
             1868      of retirement, a retiree may elect to increase the spousal death benefit up to 75% of an
             1869      allowance computed in accordance with Section 49-17-402 .
             1870          (b) If an election is made under Subsection (2)(a), the member's allowance shall be
             1871      reduced to reflect the actuarial equivalent necessary to pay for the increased spousal death
             1872      benefit above 65%.
             1873          (3) (a) A spouse who qualifies for a monthly benefit under this section shall apply in
             1874      writing to the office.
             1875          (b) The allowance shall begin on the first day of the month following the month in
             1876      which the:
             1877          (i) member or participant died, if the application is received by the office within 90
             1878      days of the date of death of the member or participant; or
             1879          (ii) application is received by the office, if the application is received by the office
             1880      more than 90 days after the date of death of the member or participant.
             1881          Section 35. Section 49-18-401 is amended to read:
             1882           49-18-401. Eligibility for an allowance -- Date of retirement -- Qualifications.
             1883          (1) A member is qualified to receive an allowance when:
             1884          (a) the member ceases actual work for every participating employer that employs the
             1885      member before the member's retirement date and provides evidence of the termination;
             1886          (b) the member has submitted to the office a [notarized] retirement application form
             1887      that states the member's proposed retirement date; and



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             1888
         (c) one of the following conditions is met as of the member's retirement date:
             1889          (i) the member has accrued at least six years of service credit and has attained an age of
             1890      70 years;
             1891          (ii) the member has accrued at least 10 years of service credit and has attained an age
             1892      of 62 years;
             1893          (iii) the member has accrued at least 20 years of service credit and has attained an age
             1894      of 55 years; or
             1895          (iv) the member has accrued at least 25 years of service credit.
             1896          (2) (a) The member's retirement date:
             1897          (i) shall be the 1st or the 16th day of the month, as selected by the member;
             1898          (ii) shall be on or after the date of termination; and
             1899          (iii) may not be more than 90 days before or after the date the application is received by
             1900      the office.
             1901          (b) A member may not be employed by a participating employer in the system
             1902      established by this chapter on the retirement date selected under Subsection (2)(a)(i).
             1903          Section 36. Section 49-18-402 is amended to read:
             1904           49-18-402. Calculation of retirement allowance.
             1905          (1) A retiree under this system shall receive an allowance equal to:
             1906          (a) 5% of the final average monthly salary multiplied by the number of years of service
             1907      credit, limited to 10 years; plus
             1908          (b) 2.25% of the final average monthly salary multiplied by the number of years of
             1909      service credit in excess of 10 years and up to and including 20 years; plus
             1910          (c) 1% of the final average monthly salary multiplied by the number of years of service
             1911      credit in excess of 20 years.
             1912          (2) (a) Except as modified by cost-of-living adjustments and except as provided under
             1913      Subsection (2)(b), an allowance under this system may not exceed 75% of the member's final
             1914      average monthly salary.
             1915          (b) The allowance limitation under Subsection (2)(a) does not apply to a member who
             1916      initially retires on or after July 1, 2010.
             1917          (3) If the retiree has attained the age of 55 years and has 20 years or more but less than
             1918      25 years of service credit, the retiree shall receive an early retirement reduction to the



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             1919
     allowance based on an actuarial calculation assuming a normal retirement age of 65 years.
             1920          Section 37. Section 49-18-502 is amended to read:
             1921           49-18-502. Benefits payable upon death of retired member.
             1922          (1) [(a)] The death benefit payable to a retiree's spouse at the time of death is an
             1923      allowance equal to 65% of the allowance which was being paid to the retiree at the time of
             1924      death.
             1925          [(b) The effective date of the accrual of this allowance is the first day of the month
             1926      following the month in which the retiree died.]
             1927          (2) (a) Notwithstanding the amount of the allowance under Subsection (1), at the time
             1928      of retirement, a retiree may elect to increase the spousal death benefit up to 75% of an
             1929      allowance computed in accordance with Section 49-18-402 .
             1930          (b) If an election is made under Subsection (2)(a), the member's allowance shall be
             1931      reduced to an amount payable monthly for life to reflect the actuarial equivalent necessary to
             1932      pay for the increased spousal death benefit above 65%.
             1933          (3) (a) A spouse who qualifies for a monthly benefit under this section shall apply in
             1934      writing to the office.
             1935          (b) The allowance shall begin on the first day of the month following the month in
             1936      which the:
             1937          (i) member or participant died, if the application is received by the office within 90
             1938      days of the date of death of the member or participant; or
             1939          (ii) application is received by the office, if the application is received by the office
             1940      more than 90 days after the date of death of the member or participant.
             1941          Section 38. Section 49-19-201 is amended to read:
             1942           49-19-201. Plan participation -- Eligibility.
             1943          (1) [Governors and legislators who enter office before July 1, 2011, are] A governor or
             1944      legislator is eligible for service credit in this plan during their term of service in their elected
             1945      position[.] if the governor or legislator:
             1946          (a) entered office before July 1, 2011; or
             1947          (b) accrued service credit in a Tier I system or plan administered by the board before
             1948      July 1, 2011.
             1949          (2) A governor or legislator initially entering office on or after July 1, 2011, who does



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             1950
     not have service credit accrued before July 1, 2011, in a Tier I system or plan administered by
             1951      the board:
             1952          (a) may not participate in this system;
             1953          (b) is only eligible to participate in the Tier II Defined Contribution Plan established
             1954      under Chapter 22, Part 4, Tier II Defined Contribution Plan; and
             1955          (c) is not eligible to participate in the Tier II hybrid retirement system established under
             1956      Chapter 22, Part 3, Tier II Hybrid Retirement System.
             1957          Section 39. Section 49-19-401 is amended to read:
             1958           49-19-401. Eligibility for an allowance -- Governor -- Legislator.
             1959          (1) A governor is qualified to receive an allowance when:
             1960          (a) the governor has submitted to the office a [notarized] retirement application form
             1961      that states the proposed retirement date; and
             1962          (b) one of the following conditions is met as of the retirement date:
             1963          (i) the governor has completed at least one full term in office and has attained an age of
             1964      65 years; or
             1965          (ii) the governor has served as governor of the state for at least 10 years and has
             1966      attained an age of 62 years.
             1967          (2) A legislator is qualified to receive an allowance when:
             1968          (a) the legislator has submitted to the office a [notarized] retirement application form
             1969      that states the proposed retirement date; and
             1970          (b) one of the following conditions is met as of the retirement date:
             1971          (i) the legislator has completed at least four years in the Legislature and has attained an
             1972      age of 65 years; or
             1973          (ii) the legislator has completed at least 10 years in the Legislature and has attained an
             1974      age of 62 years.
             1975          (3) (a) The retirement date shall be the 1st or the 16th day of the month as selected by
             1976      the member.
             1977          (b) The retirement date may not be more than 90 days before or after the date the
             1978      application is received by the office.
             1979          (4) A member who withdraws member contributions shall forfeit all allowances based
             1980      on those contributions.



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             1981
         (5) If a retired legislator is elected to another term in the Legislature or continues to
             1982      serve in the Legislature, the legislative allowance ceases at the beginning of each session under
             1983      rules established by the board, but is restored at the same amount at the end of the session.
             1984          (6) A member receiving an allowance while serving as a legislator is eligible for
             1985      additional service credits and allowance adjustments at the end of each term of office if the
             1986      legislator continues as a contributing member during the member's service as a legislator.
             1987          Section 40. Section 49-21-102 is amended to read:
             1988           49-21-102. Definitions.
             1989          As used in this chapter:
             1990          (1) "Date of disability" means the date on which a period of continuous disability
             1991      commences, and may not commence on or before the last day of actual work.
             1992          (2) (a) "Eligible employee" means the following employee whose employer provides
             1993      coverage under this chapter:
             1994          (i) (A) any regular full-time employee as defined under Section 49-12-102 , 49-13-102 ,
             1995      or 49-22-102 ;
             1996          (B) any public safety service employee as defined under Section 49-14-102 , 49-15-102 ,
             1997      or 49-23-102 ;
             1998          (C) any firefighter service employee or volunteer firefighter as defined under Section
             1999      49-23-102 who began firefighter service on or after July 1, 2011;
             2000          (D) any judge as defined under Section 49-17-102 or 49-18-102 ; or
             2001          (E) the governor of the state;
             2002          (ii) an employee who is exempt from participating in a retirement system under
             2003      Subsection 49-12-203 (4), 49-13-203 (4), 49-14-203 (1), or 49-15-203 (1); and
             2004          (iii) an employee who is covered by a retirement program offered by [the Teachers'
             2005      Insurance and Annuity Association of America] a public or private system, organization, or
             2006      company designated by the State Board of Regents.
             2007          (b) "Eligible employee" does not include:
             2008          (i) any employee that is exempt from coverage under Section 49-21-201 ; or
             2009          (ii) a retiree.
             2010          (3) "Elimination period" means the three months at the beginning of each continuous
             2011      period of total disability for which no benefit will be paid. The elimination period begins on



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             2012
     the nearest first day of the month from the date of disability. The elimination period may
             2013      include a one-time trial return to work period of less than 15 consecutive calendar days.
             2014          (4) "Maximum benefit period" means the maximum period of time the monthly
             2015      disability income benefit will be paid under Section 49-21-403 for any continuous period of
             2016      total disability.
             2017          (5) "Monthly disability benefit" means the monthly payments and accrual of service
             2018      credit under Section 49-21-401 .
             2019          (6) "Objective medical impairment" means an impairment resulting from an injury or
             2020      illness which is diagnosed by a physician and which is based on accepted objective medical
             2021      tests or findings rather than subjective complaints.
             2022          (7) "Physician" means a licensed physician.
             2023          (8) "Regular monthly salary" means the amount certified by the participating employer
             2024      as the monthly salary of the eligible employee, unless there is a discrepancy between the
             2025      certified amount and the amount actually paid, in which case the office shall determine the
             2026      regular monthly salary.
             2027          (9) "Regular occupation" means either the primary duties performed by the eligible
             2028      employee for the 12 months preceding the date of disability, or a permanent assignment of duty
             2029      to the eligible employee.
             2030          (10) "Rehabilitative employment" means any occupation or employment for wage or
             2031      profit, for which the eligible employee is reasonably qualified to perform based on education,
             2032      training, or experience.
             2033          (11) (a) "Total disability" means the complete inability, due to objective medical
             2034      impairment, whether physical or mental, to engage in the eligible employee's regular
             2035      occupation during the elimination period and the first 24 months of disability benefits.
             2036          (b) (i) "Total disability" means, after the elimination period and the first 24 months of
             2037      disability benefits, the complete inability, as determined under Subsection (11)(b)(ii), to engage
             2038      in any gainful occupation which is reasonable, considering the eligible employee's education,
             2039      training, and experience.
             2040          (ii) For purposes of Subsection (11)(b)(i), inability is determined:
             2041          (A) based solely on physical objective medical impairment; and
             2042          (B) regardless of the existence or absence of any mental impairment.



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             2043
         Section 41. Section 49-21-408 is enacted to read:
             2044          49-21-408. Limitation of service credit accrual -- Disability benefits from a
             2045      long-term disability program other than under this chapter.
             2046          Beginning on July 1, 2014, an eligible employee who receives a monthly disability
             2047      benefit from a long-term disability program other than under this chapter and who is eligible
             2048      for service credit under a system or plan shall accrue service credit in that system or plan until
             2049      the earlier of:
             2050          (1) the date of the eligible employee's death;
             2051          (2) the date the eligible employee retires from the system or plan; or
             2052          (3) the date the eligible employee has accumulated or would have accumulated service
             2053      credit in a defined benefit system or plan under this title, sufficient to be eligible to retire with
             2054      an unreduced allowance, if the employee had not:
             2055          (a) chosen a defined contribution plan under Title 49, Chapter 22, Part 4, Tier II
             2056      Defined Contribution Plan, or under Title 49, Chapter 23, Part 4, Tier II Defined Contribution
             2057      Plan;
             2058          (b) been a volunteer firefighter; or
             2059          (c) been exempted from a retirement system or plan under this title.
             2060          Section 42. Section 49-22-201 is amended to read:
             2061           49-22-201. System membership -- Eligibility.
             2062          (1) Beginning July 1, 2011, a participating employer shall participate in this system.
             2063          (2) (a) A person initially entering regular full-time employment with a participating
             2064      employer on or after July 1, 2011, who does not have service credit accrued before July 1,
             2065      2011, in a Tier I system or plan administered by the board, is eligible:
             2066          (i) as a member for service credit and defined contributions under the Tier II hybrid
             2067      retirement system established by Part 3, Tier II Hybrid Retirement System; or
             2068          (ii) as a participant for defined contributions under the Tier II defined contribution plan
             2069      established by Part 4, Tier II Defined Contribution Plan.
             2070          (b) A person initially entering regular full-time employment with a participating
             2071      employer on or after July 1, 2011, shall:
             2072          (i) make an election to participate in the system created under this chapter within 30
             2073      days from the date of eligibility for accrual of benefits:



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             2074
         (A) as a member for service credit and defined contributions under the Tier II hybrid
             2075      retirement system established by Part 3, Tier II Hybrid Retirement System; or
             2076          (B) as a participant for defined contributions under the Tier II defined contribution plan
             2077      established by Part 4, Tier II Defined Contribution Plan; and
             2078          (ii) electronically submit to the office notification of the member's election under
             2079      Subsection (2)(b)(i) in a manner approved by the office.
             2080          (c) An election made by a person initially entering regular full-time employment with a
             2081      participating employer under this Subsection (2) is irrevocable beginning one year from the
             2082      date of eligibility for accrual of benefits.
             2083          (d) If no election is made under Subsection (2)(b)(i), the person shall become a
             2084      member eligible for service credit and defined contributions under the Tier II hybrid retirement
             2085      system established by Part 3, Tier II Hybrid Retirement System.
             2086          (3) Notwithstanding the provisions of this section, an elected official initially entering
             2087      office on or after July 1, 2011:
             2088          (a) is only eligible to participate in the Tier II defined contribution plan established
             2089      under Chapter 22, Part 4, Tier II Defined Contribution Plan; and
             2090          (b) is not eligible to participate in the Tier II hybrid retirement system established
             2091      under Chapter 22, Part 3, Tier II Hybrid Retirement System.
             2092          Section 43. Section 49-22-203 is amended to read:
             2093           49-22-203. Exclusions from membership in system.
             2094          (1) The following employees are not eligible for service credit in this system:
             2095          (a) subject to the requirements of Subsection (2), an employee whose employment
             2096      status is temporary in nature due to the nature or the type of work to be performed;
             2097          (b) except as provided under Subsection (3), an employee of an institution of higher
             2098      education who participates in a retirement system with [the Teachers' Insurance and Annuity
             2099      Association of America or with any other] a public or private retirement system, organization,
             2100      or company designated by the State Board of Regents during any period in which required
             2101      contributions based on compensation have been paid on behalf of the employee by the
             2102      employer;
             2103          (c) an employee serving as an exchange employee from outside the state; or
             2104          (d) an employee of the Department of Workforce Services who is covered under



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             2105
     another retirement system allowed under Title 35A, Chapter 4, Employment Security Act.
             2106          (2) If an employee whose status is temporary in nature due to the nature of type of
             2107      work to be performed:
             2108          (a) is employed for a term that exceeds six months and the employee otherwise
             2109      qualifies for service credit in this system, the participating employer shall report and certify to
             2110      the office that the employee is a regular full-time employee effective the beginning of the
             2111      seventh month of employment; or
             2112          (b) was previously terminated prior to being eligible for service credit in this system
             2113      and is reemployed within three months of termination by the same participating employer, the
             2114      participating employer shall report and certify that the member is a regular full-time employee
             2115      when the total of the periods of employment equals six months and the employee otherwise
             2116      qualifies for service credits in this system.
             2117          (3) Upon cessation of the participating employer contributions, an employee under
             2118      Subsection (1)(b) is eligible for service credit in this system.
             2119          Section 44. Section 49-22-204 is amended to read:
             2120           49-22-204. Higher education employees' eligibility requirements -- Election
             2121      between different retirement plans -- Classification requirements -- Transfer between
             2122      systems.
             2123          (1) (a) Regular full-time employees of institutions of higher education who are eligible
             2124      to participate in either this system or in a retirement annuity contract with [the Teachers'
             2125      Insurance and Annuity Association of America or with any other] a public or private system,
             2126      organization, or company, designated by the Board of Regents, shall, not later than January 1,
             2127      1979, elect to participate exclusively in this system or in an annuity contract allowed under this
             2128      Subsection (1)(a).
             2129          (b) The election is final, and no right exists to make any further election.
             2130          (2) (a) A regular full-time employee hired by an institution of higher education after
             2131      January 1, 1979, may participate only in the retirement plan which attaches to the person's
             2132      employment classification.
             2133          (b) Each institution of higher education shall prepare or amend existing employment
             2134      classifications, under the direction of the Board of Regents, so that each classification is
             2135      assigned with either:



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             2136
         (i) this system; or
             2137          [(ii) the Teachers' Insurance and Annuity Association of America; or]
             2138          [(iii) another] (ii) a public or private system, organization, or company designated by
             2139      the Board of Regents.
             2140          (3) A regular full-time employee hired by an institution of higher education on or after
             2141      July 1, 2011, whose employment classification requires participation in this system may elect
             2142      to continue participation in this system upon change to an employment classification which
             2143      requires participation in[: (a) an annuity plan with the Teachers' Insurance and Annuity
             2144      Association of America; or (b) another] a public or private system, organization, or company
             2145      designated by the Board of Regents.
             2146          (4) A regular full-time employee hired by an institution of higher education on or after
             2147      July 1, 2011, whose employment classification requires participation in this system shall
             2148      participate in this system.
             2149          Section 45. Section 49-22-304 is amended to read:
             2150           49-22-304. Defined benefit eligibility for an allowance -- Date of retirement --
             2151      Qualifications.
             2152          (1) A member is qualified to receive an allowance from this system when:
             2153          (a) except as provided under Subsection (3), the member ceases actual work for every
             2154      participating employer that employs the member before the member's retirement date and
             2155      provides evidence of the termination;
             2156          (b) the member has submitted to the office a [notarized] retirement application form
             2157      that states the member's proposed retirement date; and
             2158          (c) one of the following conditions is met as of the member's retirement date:
             2159          (i) the member has accrued at least four years of service credit and has attained an age
             2160      of 65 years;
             2161          (ii) the member has accrued at least 10 years of service credit and has attained an age
             2162      of 62 years;
             2163          (iii) the member has accrued at least 20 years of service credit and has attained an age
             2164      of 60 years; or
             2165          (iv) the member has accrued at least 35 years of service credit.
             2166          (2) (a) The member's retirement date:



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             2167
         (i) shall be the 1st or the 16th day of the month, as selected by the member;
             2168          (ii) shall be on or after the date of termination; and
             2169          (iii) may not be more than 90 days before or after the date the application is received by
             2170      the office.
             2171          (b) Except as provided under Subsection (3), a member may not be employed by a
             2172      participating employer in the system established by this chapter on the retirement date selected
             2173      under Subsection (2)(a)(i).
             2174          (3) (a) A member who is employed by a participating employer and who is also an
             2175      elected official is not required to cease service as an elected official to be qualified to receive
             2176      an allowance under Subsection (1), unless the member is retiring from service as an elected
             2177      official.
             2178          (b) A member who is employed by a participating employer and who is also a part-time
             2179      appointed board member is not required to cease service as a part-time appointed board
             2180      member to be qualified to receive an allowance under Subsection (1).
             2181          Section 46. Section 49-23-201 is amended to read:
             2182           49-23-201. System membership -- Eligibility.
             2183          (1) Beginning July 1, 2011, a participating employer that employs public safety service
             2184      employees or firefighter service employees shall participate in this system.
             2185          (2) (a) A public safety service employee or a firefighter service employee initially
             2186      entering employment with a participating employer on or after July 1, 2011, who does not have
             2187      service credit accrued before July 1, 2011, in a Tier I system or plan administered by the board,
             2188      is eligible:
             2189          (i) as a member for service credit and defined contributions under the Tier II hybrid
             2190      retirement system established by Part 3, Tier II Hybrid Retirement System; or
             2191          (ii) as a participant for defined contributions under the Tier II defined contributions
             2192      plan established by Part 4, Tier II Defined Contribution Plan.
             2193          (b) A public safety service employee or a firefighter service employee initially entering
             2194      employment with a participating employer on or after July 1, 2011, shall:
             2195          (i) make an election to participate in the system created under this chapter within 30
             2196      days from the date of eligibility for accrual of benefits:
             2197          (A) as a member for service credit and defined contributions under the Tier II hybrid



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             2198
     retirement system established by Part 3, Tier II Hybrid Retirement System; or
             2199          (B) as a participant for defined contributions under the Tier II defined contribution plan
             2200      established by Part 4, Tier II Defined Contribution Plan; and
             2201          (ii) electronically submit to the office notification of the member's election under
             2202      Subsection (2)(b)(i) in a manner approved by the office.
             2203          (c) An election made by a public safety service employee or firefighter service
             2204      employee initially entering employment with a participating employer under this Subsection (2)
             2205      is irrevocable beginning one year from the date of eligibility for accrual of benefits.
             2206          (d) If no election is made under Subsection (2)(b)(i), the public safety service employee
             2207      or firefighter service employee shall become a member eligible for service credit and defined
             2208      contributions under the Tier II hybrid retirement system established by Part 3, Tier II Hybrid
             2209      Retirement System.
             2210          Section 47. Section 49-23-303 is amended to read:
             2211           49-23-303. Defined benefit eligibility for an allowance -- Date of retirement --
             2212      Qualifications.
             2213          (1) A member is qualified to receive an allowance from this system when:
             2214          (a) except as provided under Subsection (3), the member ceases actual work for every
             2215      participating employer that employs the member before the member's retirement date and
             2216      provides evidence of the termination;
             2217          (b) the member has submitted to the office a [notarized] retirement application form
             2218      that states the member's proposed retirement date; and
             2219          (c) one of the following conditions is met as of the member's retirement date:
             2220          (i) the member has accrued at least four years of service credit and has attained an age
             2221      of 65 years;
             2222          (ii) the member has accrued at least 10 years of service credit and has attained an age
             2223      of 62 years;
             2224          (iii) the member has accrued at least 20 years of service credit and has attained an age
             2225      of 60 years; or
             2226          (iv) the member has accrued at least 25 years of service credit.
             2227          (2) (a) The member's retirement date:
             2228          (i) shall be the 1st or the 16th day of the month, as selected by the member;



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             2229
         (ii) shall be on or after the date of termination; and
             2230          (iii) may not be more than 90 days before or after the date the application is received by
             2231      the office.
             2232          (b) Except as provided under Subsection (3), a member may not be employed by a
             2233      participating employer in the system established by this chapter on the retirement date selected
             2234      under Subsection (2)(a)(i).
             2235          (3) (a) A member who is employed by a participating employer and who is also an
             2236      elected official is not required to cease service as an elected official to be qualified to receive
             2237      an allowance under Subsection (1), unless the member is retiring from service as an elected
             2238      official.
             2239          (b) A member who is employed by a participating employer and who is also a part-time
             2240      appointed board member is not required to cease service as a part-time appointed board
             2241      member to be qualified to receive an allowance under Subsection (1).
             2242          Section 48. Section 49-23-503 is amended to read:
             2243           49-23-503. Death of active member in line of duty -- Payment of benefits.
             2244          If an active member of this system dies, benefits are payable as follows:
             2245          (1) If the death is classified by the office as a line-of-duty death, benefits are payable as
             2246      follows:
             2247          (a) If the member has accrued less than 20 years of public safety service or firefighter
             2248      service credit, the spouse at the time of death shall receive a lump sum of $1,000 and an
             2249      allowance equal to 30% of the member's final average monthly salary.
             2250          (b) If the member has accrued 20 or more years of public safety service or firefighter
             2251      service credit, the member shall be considered to have retired with an Option One allowance
             2252      calculated without an actuarial reduction under Section 49-23-304 and the spouse at the time of
             2253      death shall receive the allowance that would have been payable to the member.
             2254          (2) (a) A volunteer firefighter is eligible for a line-of-duty death benefit under this
             2255      section if the death results from external force, violence, or disease directly resulting from
             2256      firefighter service.
             2257          (b) The lowest monthly compensation of firefighters of a city of the first class in this
             2258      state at the time of death shall be considered to be the final average monthly salary of a
             2259      volunteer firefighter for purposes of computing these benefits.



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Senate 2nd Reading Amendments 1-27-2014 lp/sch
             2260
         (c) Each volunteer fire department shall maintain a current roll of all volunteer
             2261      firefighters which meet the requirements of Subsection 49-23-102 (12) to determine the
             2262      eligibility for this benefit.
             2263          (3) (a) If the death is classified as a line-of-duty death by the office, death benefits are
             2264      payable under this section and the spouse at the time of death is not eligible for benefits under
             2265      Section 49-23-502 .
             2266          (b) If the death is not classified as a line-of-duty death by the office, benefits are
             2267      payable in accordance with Section 49-23-502 .
             2268          (4) (a) A spouse who qualifies for a monthly benefit under this section shall apply in
             2269      writing to the office.
             2270          (b) The allowance shall begin on the first day of the month following the month in
             2271      which the:
             2272          (i) member or participant died, if the application is received by the office within 90
             2273      days of the date of death of the member or participant; or
             2274          (ii) application is received by the office, if the application is received by the office
             2275      more than 90 days after the date of death of the member or participant.
             2276          Section 49. Section 67-19-43 is amended to read:
             2277           67-19-43. State employee matching supplemental defined contribution benefit.
             2278          (1) As used in this section, "qualifying employee" means an employee who is:
             2279          (a) in a position that is S. [ receiving ] .S :
             2280          (i) S. receiving .S retirement benefits under Title 49, Utah State Retirement and
             2280a      Insurance Benefit Act;
             2281      and
             2282          (ii) S. accruing .S paid leave benefits S. [ accrued on a biweekly basis ] that can be
             2282a      used in the current and future calendar years .S ; and
             2283          (b) not an employee who is reemployed as defined in Section 49-11-102 .
             2284          (2) Subject to the requirements of Subsection (3) and beginning on or after January 4,
             2285      2014, an employer shall make a biweekly matching contribution to every qualifying employee's
             2286      defined contribution plan qualified under Section 401(k) of the Internal Revenue Code, subject
             2287      to federal requirements and limitations, which is sponsored by the Utah State Retirement
             2288      Board.
             2289          (3) (a) In accordance with the requirements of this Subsection (3), each qualifying
             2290      employee shall be eligible to receive the same dollar amount for the contribution under



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             2291
     Subsection (2).
             2292          (b) A qualifying employee:
             2293          (i) shall receive the contribution amount determined under Subsection (3)(c) if the
             2294      qualifying employee makes a voluntary personal contribution to the defined contribution plan
             2295      account described in Subsection (2) in an amount equal to or greater than the employer's
             2296      contribution amount determined in Subsection (3)(c);
             2297          (ii) shall receive a partial contribution amount that is equal to the qualifying employee's
             2298      personal contribution amount if the employee makes a voluntary personal contribution to the
             2299      defined contribution plan account described in Subsection (2) in an amount less than the
             2300      employer's contribution amount determined in Subsection (3)(c); or
             2301          (iii) may not receive a contribution under Subsection (2) if the qualifying employee
             2302      does not make a voluntary personal contribution to the defined contribution plan account
             2303      described in Subsection (2).
             2304          (c) (i) Subject to the maximum limit under Subsection (3)(c)(iii), the Legislature shall
             2305      annually determine the contribution amount that an employer shall provide to each qualifying
             2306      employee under Subsection (2).
             2307          (ii) The department shall make recommendations annually to the Legislature on the
             2308      contribution amount required under Subsection (2), in consultation with the Governor's Office
             2309      of Management and Budget and the Division of Finance.
             2310          (iii) The biweekly matching contribution amount required under Subsection (2) may
             2311      not exceed $26 for each qualifying employee.
             2312          (4) A qualifying employee is eligible to receive the biweekly contribution under this
             2313      section for any pay period in which the employee is in a paid status or other status protected by
             2314      federal or state law.
             2315          (5) The employer and employee contributions made under this section vest
             2316      immediately upon deposit and can be withdrawn by the employee at any time, subject to
             2317      Internal Revenue Code regulations on the withdrawals.
             2318          (6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
             2319      executive director shall make rules establishing procedures to implement the provisions of this
             2320      section.
             2320a      S. Section 50. Effective date.
             2320b      If approved by two-thirds of all the members elected to each house, this bill takes effect upon
             2320c      approval by the governor, or the day following the constitutional time limit of Utah
             2320d      Constitution Article VII, Section 8, without the governor's signature, or in the case of a
             2320e      veto, the date of veto override. .S



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Legislative Review Note
    as of 11-20-13 1:00 PM


Office of Legislative Research and General Counsel


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