1     
RECODIFICATION OF POSTRETIREMENT REEMPLOYMENT

2     
PROVISIONS

3     
2016 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Kraig Powell

6     
Senate Sponsor: Todd Weiler

7     

8     LONG TITLE
9     Committee Note:
10          The Retirement and Independent Entities Interim Committee recommended this bill.
11     General Description:
12          This bill modifies the Utah State Retirement and Insurance Benefit Act by amending
13     postretirement reemployment provisions.
14     Highlighted Provisions:
15          This bill:
16          ▸     recodifies postretirement employment provisions;
17          ▸     clarifies amortization rate payments for certain reemployed retirees; and
18          ▸     makes technical changes.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          None
23     Utah Code Sections Affected:
24     AMENDS:
25          49-11-102, as last amended by Laws of Utah 2014, Chapter 15
26          49-11-405, as last amended by Laws of Utah 2010, Chapter 264
27          49-11-504, as last amended by Laws of Utah 2013, Chapter 316

28          49-12-401, as last amended by Laws of Utah 2015, Chapter 256
29          49-12-701, as last amended by Laws of Utah 2010, Chapter 264
30          49-13-401, as last amended by Laws of Utah 2015, Chapter 256
31          49-13-701, as last amended by Laws of Utah 2010, Chapter 264
32          49-14-401, as last amended by Laws of Utah 2015, Chapter 256
33          49-15-401, as last amended by Laws of Utah 2015, Chapter 256
34          49-16-203, as last amended by Laws of Utah 2010, Chapter 264
35          49-16-401, as last amended by Laws of Utah 2015, Chapter 256
36          49-22-304, as last amended by Laws of Utah 2015, Chapter 256
37          49-23-303, as last amended by Laws of Utah 2015, Chapter 256
38          67-19-43, as last amended by Laws of Utah 2015, Chapter 248
39     ENACTS:
40          49-11-1201, Utah Code Annotated 1953
41          49-11-1202, Utah Code Annotated 1953
42          49-11-1203, Utah Code Annotated 1953
43          49-11-1204, Utah Code Annotated 1953
44          49-11-1205, Utah Code Annotated 1953
45          49-11-1206, Utah Code Annotated 1953
46          49-11-1207, Utah Code Annotated 1953
47          49-11-1208, Utah Code Annotated 1953
48     REPEALS:
49          49-11-505, as last amended by Laws of Utah 2015, Chapters 243 and 256
50     

51     Be it enacted by the Legislature of the state of Utah:
52          Section 1. Section 49-11-102 is amended to read:
53          49-11-102. Definitions.
54          As used in this title:
55          (1) (a) "Active member" means a member who:
56          (i) is employed by a participating employer and accruing service credit; or
57          (ii) within the previous 120 days:
58          (A) has been employed by a participating employer; and

59          (B) accrued service credit.
60          (b) "Active member" does not include a retiree.
61          (2) "Actuarial equivalent" means a benefit of equal value when computed upon the
62     basis of mortality tables as recommended by the actuary and adopted by the executive director,
63     including regular interest.
64          (3) "Actuarial interest rate" means the interest rate as recommended by the actuary and
65     adopted by the board upon which the funding of system costs and benefits are computed.
66          (4) (a) "Agency" means:
67          (i) a department, division, agency, office, authority, commission, board, institution, or
68     hospital of the state;
69          (ii) a county, municipality, school district, local district, or special service district;
70          (iii) a state college or university; or
71          (iv) any other participating employer.
72          (b) "Agency" does not include an entity listed under Subsection (4)(a)(i) that is a
73     subdivision of another entity listed under Subsection (4)(a).
74          (5) "Allowance" or "retirement allowance" means the pension plus the annuity,
75     including any cost of living or other authorized adjustments to the pension and annuity.
76          (6) "Alternate payee" means a member's former spouse or family member eligible to
77     receive payments under a Domestic Relations Order in compliance with Section 49-11-612.
78          (7) "Amortization rate" means the board certified percent of salary required to amortize
79     the unfunded actuarial accrued liability in accordance with policies established by the board
80     upon the advice of the actuary.
81          (8) "Annuity" means monthly payments derived from member contributions.
82          (9) "Appointive officer" means an employee appointed to a position for a definite and
83     fixed term of office by official and duly recorded action of a participating employer whose
84     appointed position is designated in the participating employer's charter, creation document, or
85     similar document, and:
86          (a) who earns $500 or more per month, indexed as of January 1, 1990, as provided in
87     Section 49-12-407 for a Tier I appointive officer; and
88          (b) whose appointive position is full-time as certified by the participating employer for
89     a Tier II appointive officer.

90          (10) (a) "At-will employee" means a person who is employed by a participating
91     employer and:
92          (i) who is not entitled to merit or civil service protection and is generally considered
93     exempt from a participating employer's merit or career service personnel systems;
94          (ii) whose on-going employment status is entirely at the discretion of the person's
95     employer; or
96          (iii) who may be terminated without cause by a designated supervisor, manager, or
97     director.
98          (b) "At-will employee" does not include a career employee who has obtained a
99     reasonable expectation of continued employment based on inclusion in a participating
100     employer's merit system, civil service protection system, or career service personnel systems,
101     policies, or plans.
102          (11) "Beneficiary" means any person entitled to receive a payment under this title
103     through a relationship with or designated by a member, participant, covered individual, or
104     alternate payee of a defined contribution plan.
105          (12) "Board" means the Utah State Retirement Board established under Section
106     49-11-202.
107          (13) "Board member" means a person serving on the Utah State Retirement Board as
108     established under Section 49-11-202.
109          (14) "Certified contribution rate" means the board certified percent of salary paid on
110     behalf of an active member to the office to maintain the system on a financially and actuarially
111     sound basis.
112          (15) "Contributions" means the total amount paid by the participating employer and the
113     member into a system or to the Utah Governors' and Legislators' Retirement Plan under
114     Chapter 19, Utah Governors' and Legislators' Retirement Act.
115          (16) "Council member" means a person serving on the Membership Council
116     established under Section 49-11-202.
117          (17) "Covered individual" means any individual covered under Chapter 20, Public
118     Employees' Benefit and Insurance Program Act.
119          (18) "Current service" means covered service under:
120          (a) Chapter 12, Public Employees' Contributory Retirement Act;

121          (b) Chapter 13, Public Employees' Noncontributory Retirement Act;
122          (c) Chapter 14, Public Safety Contributory Retirement Act;
123          (d) Chapter 15, Public Safety Noncontributory Retirement Act;
124          (e) Chapter 16, Firefighters' Retirement Act;
125          (f) Chapter 17, Judges' Contributory Retirement Act;
126          (g) Chapter 18, Judges' Noncontributory Retirement Act;
127          (h) Chapter 19, Utah Governors' and Legislators' Retirement Act;
128          (i) Chapter 22, New Public Employees' Tier II Contributory Retirement Act; or
129          (j) Chapter 23, New Public Safety and Firefighter Tier II Contributory Retirement Act.
130          (19) "Defined benefit" or "defined benefit plan" or "defined benefit system" means a
131     system or plan offered under this title to provide a specified allowance to a retiree or a retiree's
132     spouse after retirement that is based on a set formula involving one or more of the following
133     factors:
134          (a) years of service;
135          (b) final average monthly salary; or
136          (c) a retirement multiplier.
137          (20) "Defined contribution" or "defined contribution plan" means any defined
138     contribution plan or deferred compensation plan authorized under the Internal Revenue Code
139     and administered by the board.
140          (21) "Educational institution" means a political subdivision or instrumentality of the
141     state or a combination thereof primarily engaged in educational activities or the administration
142     or servicing of educational activities, including:
143          (a) the State Board of Education and its instrumentalities;
144          (b) any institution of higher education and its branches;
145          (c) any school district and its instrumentalities;
146          (d) any vocational and technical school; and
147          (e) any entity arising out of a consolidation agreement between entities described under
148     this Subsection (21).
149          (22) "Elected official":
150          (a) means a person elected to a state office, county office, municipal office, school
151     board or school district office, local district office, or special service district office;

152          (b) includes a person who is appointed to serve an unexpired term of office described
153     under Subsection (22)(a); and
154          (c) does not include a judge or justice who is subject to a retention election under
155     Section 20A-12-201.
156          (23) (a) "Employer" means any department, educational institution, or political
157     subdivision of the state eligible to participate in a government-sponsored retirement system
158     under federal law.
159          (b) "Employer" may also include an agency financed in whole or in part by public
160     funds.
161          (24) "Exempt employee" means an employee working for a participating employer:
162          (a) who is not eligible for service credit under Section 49-12-203, 49-13-203,
163     49-14-203, 49-15-203, or 49-16-203; and
164          (b) for whom a participating employer is not required to pay contributions or
165     nonelective contributions.
166          (25) "Final average monthly salary" means the amount computed by dividing the
167     compensation received during the final average salary period under each system by the number
168     of months in the final average salary period.
169          (26) "Fund" means any fund created under this title for the purpose of paying benefits
170     or costs of administering a system, plan, or program.
171          (27) (a) "Inactive member" means a member who has not been employed by a
172     participating employer for a period of at least 120 days.
173          (b) "Inactive member" does not include retirees.
174          (28) (a) "Initially entering" means hired, appointed, or elected for the first time, in
175     current service as a member with any participating employer.
176          (b) "Initially entering" does not include a person who has any prior service credit on
177     file with the office.
178          (c) "Initially entering" includes an employee of a participating employer, except for an
179     employee that is not eligible under a system or plan under this title, who:
180          (i) does not have any prior service credit on file with the office;
181          (ii) is covered by a retirement plan other than a retirement plan created under this title;
182     and

183          (iii) moves to a position with a participating employer that is covered by this title.
184          (29) "Institution of higher education" means an institution described in Section
185     53B-1-102.
186          (30) (a) "Member" means a person, except a retiree, with contributions on deposit with
187     a system, the Utah Governors' and Legislators' Retirement Plan under Chapter 19, Utah
188     Governors' and Legislators' Retirement Act, or with a terminated system.
189          (b) "Member" also includes leased employees within the meaning of Section 414(n)(2)
190     of the Internal Revenue Code, if the employees have contributions on deposit with the office.
191     If leased employees constitute less than 20% of the participating employer's work force that is
192     not highly compensated within the meaning of Section 414(n)(5)(c)(ii), Internal Revenue Code,
193     "member" does not include leased employees covered by a plan described in Section 414(n)(5)
194     of the federal Internal Revenue Code.
195          (31) "Member contributions" means the sum of the contributions paid to a system or
196     the Utah Governors' and Legislators' Retirement Plan, including refund interest if allowed by a
197     system, and which are made by:
198          (a) the member; and
199          (b) the participating employer on the member's behalf under Section 414(h) of the
200     Internal Revenue Code.
201          (32) "Nonelective contribution" means an amount contributed by a participating
202     employer into a participant's defined contribution account.
203          (33) "Normal cost rate":
204          (a) means the percent of salary that is necessary for a retirement system that is fully
205     funded to maintain its fully funded status; and
206          (b) is determined by the actuary based on the assumed rate of return established by the
207     board.
208          (34) "Office" means the Utah State Retirement Office.
209          (35) "Participant" means an individual with voluntary deferrals or nonelective
210     contributions on deposit with the defined contribution plans administered under this title.
211          (36) "Participating employer" means a participating employer, as defined by Chapter
212     12, Public Employees' Contributory Retirement Act, Chapter 13, Public Employees'
213     Noncontributory Retirement Act, Chapter 14, Public Safety Contributory Retirement Act,

214     Chapter 15, Public Safety Noncontributory Retirement Act, Chapter 16, Firefighters'
215     Retirement Act, Chapter 17, Judges' Contributory Retirement Act, and Chapter 18, Judges'
216     Noncontributory Retirement Act, or an agency financed in whole or in part by public funds
217     which is participating in a system or plan as of January 1, 2002.
218          (37) "Part-time appointed board member" means a person:
219          (a) who is appointed to serve as a member of a board, commission, council, committee,
220     or panel of a participating employer; and
221          (b) whose service as a part-time appointed board member does not qualify as a regular
222     full-time employee as defined under Section 49-12-102, 49-13-102, or 49-22-102.
223          (38) "Pension" means monthly payments derived from participating employer
224     contributions.
225          (39) "Plan" means the Utah Governors' and Legislators' Retirement Plan created by
226     Chapter 19, Utah Governors' and Legislators' Retirement Act, the New Public Employees' Tier
227     II Defined Contribution Plan created by Chapter 22, Part 4, Tier II Defined Contribution Plan,
228     the New Public Safety and Firefighter Tier II Defined Contribution Plan created by Chapter 23,
229     Part 4, Tier II Defined Contribution Plan, or the defined contribution plans created under
230     Section 49-11-801.
231          (40) (a) "Political subdivision" means any local government entity, including cities,
232     towns, counties, and school districts, but only if the subdivision is a juristic entity that is legally
233     separate and distinct from the state and only if its employees are not by virtue of their
234     relationship to the entity employees of the state.
235          (b) "Political subdivision" includes local districts, special service districts, or
236     authorities created by the Legislature or by local governments, including the office.
237          (c) "Political subdivision" does not include a project entity created under Title 11,
238     Chapter 13, Interlocal Cooperation Act, that was formed prior to July 1, 1987.
239          (41) "Program" means the Public Employees' Insurance Program created under Chapter
240     20, Public Employees' Benefit and Insurance Program Act, or the Public Employees'
241     Long-Term Disability program created under Chapter 21, Public Employees' Long-Term
242     Disability Act.
243          (42) "Public funds" means those funds derived, either directly or indirectly, from public
244     taxes or public revenue, dues or contributions paid or donated by the membership of the

245     organization, used to finance an activity whose objective is to improve, on a nonprofit basis,
246     the governmental, educational, and social programs and systems of the state or its political
247     subdivisions.
248          (43) "Qualified defined contribution plan" means a defined contribution plan that
249     meets the requirements of Section 401(k) or Section 403(b) of the Internal Revenue Code.
250          [(44) (a) "Reemployed," "reemploy," or "reemployment" means work or service
251     performed for a participating employer after retirement, in exchange for compensation.]
252          [(b) Reemployment includes work or service performed on a contract for a
253     participating employer if the retiree is:]
254          [(i) listed as the contractor; or]
255          [(ii) an owner, partner, or principal of the contractor.]
256          [(45)] (44) "Refund interest" means the amount accrued on member contributions at a
257     rate adopted by the board.
258          [(46)] (45) "Retiree" means an individual who has qualified for an allowance under this
259     title.
260          [(47)] (46) "Retirement" means the status of an individual who has become eligible,
261     applies for, and is entitled to receive an allowance under this title.
262          [(48)] (47) "Retirement date" means the date selected by the member on which the
263     member's retirement becomes effective with the office.
264          [(49)] (48) "Retirement related contribution":
265          (a) means any employer payment to any type of retirement plan or program made on
266     behalf of an employee; and
267          (b) does not include Social Security payments or Social Security substitute payments
268     made on behalf of an employee.
269          [(50)] (49) "Service credit" means:
270          (a) the period during which an employee is employed and compensated by a
271     participating employer and meets the eligibility requirements for membership in a system or the
272     Utah Governors' and Legislators' Retirement Plan, provided that any required contributions are
273     paid to the office; and
274          (b) periods of time otherwise purchasable under this title.
275          [(51)] (50) "System" means the individual retirement systems created by Chapter 12,

276     Public Employees' Contributory Retirement Act, Chapter 13, Public Employees'
277     Noncontributory Retirement Act, Chapter 14, Public Safety Contributory Retirement Act,
278     Chapter 15, Public Safety Noncontributory Retirement Act, Chapter 16, Firefighters'
279     Retirement Act, Chapter 17, Judges' Contributory Retirement Act, Chapter 18, Judges'
280     Noncontributory Retirement Act, and Chapter 19, Utah Governors' and Legislators' Retirement
281     Act, the defined benefit portion of the Tier II Hybrid Retirement System under Chapter 22, Part
282     3, Tier II Hybrid Retirement System, and the defined benefit portion of the Tier II Hybrid
283     Retirement System under Chapter 23, Part 3, Tier II Hybrid Retirement System.
284          [(52)] (51) "Tier I" means a system or plan under this title for which:
285          (a) an employee is eligible to participate if the employee initially enters regular
286     full-time employment before July 1, 2011; or
287          (b) a governor or legislator who initially enters office before July 1, 2011.
288          [(53)] (52) (a) "Tier II" means a system or plan under this title provided in lieu of a
289     Tier I system or plan for an employee, governor, legislator, or full-time elected official who
290     does not have Tier I service credit in a system or plan under this title:
291          (i) if the employee initially enters regular full-time employment on or after July 1,
292     2011; or
293          (ii) if the governor, legislator, or full-time elected official initially enters office on or
294     after July 1, 2011.
295          (b) "Tier II" includes:
296          (i) the Tier II hybrid system established under:
297          (A) Chapter 22, Part 3, Tier II Hybrid Retirement System; or
298          (B) Chapter 23, Part 3, Tier II Hybrid Retirement System; and
299          (ii) the Tier II Defined Contribution Plan (Tier II DC Plan) established under:
300          (A) Chapter 22, Part 4, Tier II Defined Contribution Plan; or
301          (B) Chapter 23, Part 4, Tier II Defined Contribution Plan.
302          [(54)] (53) "Unfunded actuarial accrued liability" or "UAAL":
303          (a) is determined by the system's actuary; and
304          (b) means the excess, if any, of the accrued liability of a retirement system over the
305     actuarial value of its assets.
306          [(55)] (54) "Voluntary deferrals" means an amount contributed by a participant into

307     that participant's defined contribution account.
308          Section 2. Section 49-11-405 is amended to read:
309          49-11-405. Service credit from different systems or plans -- Eligibility and
310     calculation of service credit.
311          (1) (a) A member who has service credit from two or more systems or one or more
312     systems and the Utah Governors' and Legislators' Retirement Plan may combine service credit
313     for purposes of determining eligibility for retirement.
314          (b) The provisions of Subsection (1)(a) do not apply to concurrent service.
315          (2) To be eligible for the calculation under Subsection (3), the member's service credit
316     earned under the different systems or the Utah Governors' and Legislators' Retirement Plan
317     shall at least equal the minimum amount of service credit required to retire from the system
318     which most recently covered the member.
319          (3) If a member meets the requirements of Subsection (2), the office shall calculate the
320     member's allowance using all service credit earned from any system or the Utah Governors' and
321     Legislators' Retirement Plan, with no actuarial reduction applied to the allowance, except the
322     service credit used to calculate the benefit shall be increased or decreased to reflect the value of
323     the assets transferred.
324          (4) The office shall establish the standards used for calculating any increase or decrease
325     in the service credit.
326          (5) This section does not apply to a retiree who is subject to [Sections] Section
327     49-11-504 and [49-11-505] Chapter 11, Part 12, Postretirement Reemployment Restrictions
328     Act.
329          Section 3. Section 49-11-504 is amended to read:
330          49-11-504. Reemployment of a retiree -- Restrictions.
331          (1) As used in this section[,]:
332          (a) "full-time" means:
333          [(a)] (i) employment requiring 20 or more hours of work per week; or
334          [(b)] (ii) at least a half-time teaching contract.
335          (b) "Reemployed," "reemploy," or "reemployment" means the same as those terms are
336     defined in Section 49-11-1202.
337          (2) (a) Except for the provisions of Subsection (3), the provisions of this section do not

338     apply to a person who is subject to the provisions of [Section 49-11-505] Chapter 11, Part 12,
339     Postretirement Reemployment Restrictions Act.
340          (b) This section does not apply to employment as an elected official.
341          (3) A person who is not a retiree under this title is not subject to any postretirement
342     restrictions under this title.
343          (4) A retiree of an agency who is reemployed may not earn additional service credit, if
344     the retiree is reemployed by:
345          (a) a different agency; or
346          (b) the same agency after six months from the retirement date.
347          (5) A retiree of an agency who is reemployed on a full-time basis by the same agency
348     within six months of the date of retirement is subject to the following:
349          (a) the agency shall immediately notify the office;
350          (b) the office shall cancel the retiree's allowance and reinstate the retiree to active
351     member status;
352          (c) the allowance cancellation and reinstatement to active member status is effective on
353     the first day of the month following the date of reemployment;
354          (d) the reinstated retiree may not retire again with a recalculated benefit for a two-year
355     period from the date of cancellation of the original allowance, and if the retiree retires again
356     within the two-year period, the original allowance shall be resumed; and
357          (e) a reinstated retiree retiring after the two-year period shall be credited with the
358     service credit in the retiree's account at the time of the first retirement and from that time shall
359     be treated as a member of a system, including the accrual of additional service credit, but
360     subject to recalculation of the allowance under Subsection (9).
361          (6) A retiree of an agency who is reemployed by the same agency within six months of
362     retirement on a less than full-time basis by the same agency is subject to the following:
363          (a) the retiree may earn, without penalty, compensation from that position which is not
364     in excess of the exempt earnings permitted by Social Security;
365          (b) if a retiree receives compensation in a calendar year in excess of the Social Security
366     limitation, 25% of the allowance shall be suspended for the remainder of the six-month period;
367          (c) the effective date of a suspension and reinstatement of an allowance shall be set by
368     the office; and

369          (d) any suspension of a retiree's allowance under this Subsection (6) shall be applied on
370     a calendar year basis.
371          (7) For six months immediately following retirement, the retiree and participating
372     employer who are subject to Subsection (6) shall:
373          (a) maintain an accurate record of gross earnings in employment;
374          (b) report the gross earnings at least monthly to the office;
375          (c) immediately notify the office in writing of any postretirement earnings under
376     Subsection (6); and
377          (d) immediately notify the office in writing whether postretirement earnings equal or
378     exceed the exempt earnings under Subsection (6).
379          (8) (a) If a participating employer hires a retiree, the participating employer may not
380     make a retirement related contribution in an amount that exceeds the normal cost rate as
381     defined under Section 49-11-102 on behalf of the retiree under Subsections (8)(b) and (c).
382          (b) The contributions under Subsection (8)(a) are not required, but if paid, shall be paid
383     to a retiree-designated:
384          (i) qualified defined contribution plan administered by the board, if the participating
385     employer participates in a qualified defined contribution plan administered by the board; or
386          (ii) qualified defined contribution plan offered by the participating employer if the
387     participating employer does not participate in a qualified defined contribution plan
388     administered by the board.
389          (c) Notwithstanding the provisions of Subsection (8)(b), if an employer is not
390     participating in a qualified defined contribution plan administered by the board, the employer
391     may elect to pay the contributions under Subsection (8)(a) to a deferred compensation plan
392     administered by the board.
393          (9) A retiree who has returned to work, accrued additional service credit, and again
394     retires shall have the retiree's allowance recalculated using:
395          (a) the formula in effect at the date of the retiree's original retirement for all service
396     credit accrued prior to that date; and
397          (b) the formula in effect at the date of the subsequent retirement for all service credit
398     accrued between the first and subsequent retirement dates.
399          (10) The board may make rules to implement this section.

400          Section 4. Section 49-11-1201 is enacted to read:
401     
Part 12. Postretirement Reemployment Restrictions Act

402          49-11-1201. Title.
403          This part is known as the "Postretirement Reemployment Restrictions Act."
404          Section 5. Section 49-11-1202 is enacted to read:
405          49-11-1202. Definitions.
406          As used in this part:
407          (1) (a) "Affiliated emergency services worker" means a person who:
408          (i) is employed by a participating employer;
409          (ii) performs emergency services for another participating employer that is a different
410     agency;
411          (iii) is trained in techniques and skills required for the emergency service;
412          (iv) continues to receive regular training required for the service;
413          (v) is on the rolls as a trained affiliated emergency services worker of the participating
414     employer; and
415          (vi) provides ongoing service for a participating employer, which service may include
416     service as a volunteer firefighter, reserve law enforcement officer, search and rescue worker,
417     emergency medical technician, ambulance worker, park ranger, or public utilities worker.
418          (b) "Affiliated emergency services worker" does not include a person who performs
419     work or service but does not meet the requirements of Subsection (1)(a).
420          (2) "Amortization rate" means the amortization rate, as defined in Section 49-11-102,
421     to be applied to the system that would have covered the retiree if the retiree's reemployed
422     position were deemed to be an eligible, full-time position within that system.
423          (3) (a) "Reemployed," "reemploy," or "reemployment" means work or service
424     performed for a participating employer after retirement, in exchange for compensation.
425          (b) Reemployment includes work or service performed on a contract for a participating
426     employer if the retiree is:
427          (i) listed as the contractor; or
428          (ii) an owner, partner, or principal of the contractor.
429          (4) "Retiree":
430          (a) means a person who:

431          (i) retired from a participating employer; and
432          (ii) begins reemployment on or after July 1, 2010, with a participating employer; and
433          (b) does not include a person:
434          (i) who was reemployed by a participating employer before July 1, 2010; and
435          (ii) whose participating employer that reemployed the person under Subsection
436     (3)(b)(i) was dissolved, consolidated, merged, or structurally changed in accordance with
437     Section 49-11-621 on or after July 1, 2010.
438          Section 6. Section 49-11-1203 is enacted to read:
439          49-11-1203. Applicability.
440          (1) (a) This part does not apply to employment as an elected official if the elected
441     official's position is not full time as certified by the participating employer.
442          (b) The provisions of this part apply to an elected official whose elected position is full
443     time as certified by the participating employer.
444          (2) (a) This part does not apply to employment as a part-time appointed board member
445     who does not receive any remuneration, stipend, or other benefit for the part-time appointed
446     board member's service.
447          (b) For purposes of this Subsection (2), remuneration, stipend, or other benefit does not
448     include receipt of per diem and travel expenses up to the amounts established by the Division
449     of Finance in:
450          (i) Section 63A-3-106;
451          (ii) Section 63A-3-107; and
452          (iii) rules made by the Division of Finance according to Sections 63A-3-106 and
453     63A-3-107.
454          (3) This part does not apply to a person who is reemployed as an active senior judge or
455     an active senior justice court judge as described by Utah State Court Rules, appointed to hear
456     cases by the Utah Supreme Court in accordance with Article VIII, Section 4, Utah Constitution.
457          Section 7. Section 49-11-1204 is enacted to read:
458          49-11-1204. General Restrictions -- Election following one-year separation --
459     Amortization rate.
460          (1) A retiree may not for the same period of reemployment:
461          (a) (i) earn additional service credit; or

462          (ii) receive any retirement related contribution from a participating employer; and
463          (b) receive a retirement allowance.
464          (2) Except as provided under Section 49-11-1205, the office shall cancel the retirement
465     allowance of a retiree if the reemployment with a participating employer begins within one year
466     of the retiree's retirement date.
467          (3) If a reemployed retiree has completed the one-year separation from employment
468     with a participating employer required under Subsection (2), the retiree may elect to:
469          (a) cancel the retiree's retirement allowance and instead earn additional service credit in
470     accordance with this title; or
471          (b) continue to receive the retiree's retirement allowance, forfeit earning additional
472     service credit, and forfeit any retirement-related contribution from the participating employer
473     that reemployed the retiree.
474          (4) (a) If the office receives notice of the election of a reemployed retiree under
475     Subsection (3)(a), the office shall immediately cancel the retiree's retirement allowance.
476          (b) (i) If the retiree under Subsection (4)(a) is eligible for retirement coverage in the
477     reemployed position, the office shall reinstate the retiree to active member status on the first
478     day of the month following the date of the employee's election.
479          (ii) Except as provided under Subsection (4)(c), if the retiree is not otherwise eligible
480     for retirement coverage in the reemployed position, the participating employer that reemploys
481     the retiree shall contribute the amortization rate to the office on behalf of the retiree.
482          (c) A participating employer that reemploys a retiree in accordance with Subsection
483     49-11-1205(1) is not required to contribute the amortization rate to the office.
484          (5) (a) For a retiree under Subsection (4)(b) who retires within two years from the date
485     of reemployment, the office:
486          (i) may not recalculate a retirement benefit for the retiree; and
487          (ii) shall resume the allowance that was being paid to the retiree at the time of the
488     cancellation.
489          (b) Subject to Subsection (1), for a retiree who is reinstated to active membership
490     under Subsection (4)(b) and retires two or more years after the date of reinstatement to active
491     membership, the office shall:
492          (i) resume the allowance that was being paid at the time of cancellation; and

493          (ii) calculate an additional allowance for the retiree based on the formula in effect at
494     the date of the subsequent retirement for all service credit accrued between the first and
495     subsequent retirement dates.
496          Section 8. Section 49-11-1205 is enacted to read:
497          49-11-1205. Postretirement reemployment restriction exceptions.
498          (1) (a) The office may not cancel the retirement allowance of a retiree who is
499     reemployed with a participating employer within one year of the retiree's retirement date if:
500          (i) the retiree is not reemployed by a participating employer for a period of at least 60
501     days from the retiree's retirement date;
502          (ii) upon reemployment after the break in service under Subsection (1)(a)(i), the retiree
503     does not receive any employer paid benefits, including:
504          (A) retirement service credit or retirement-related contributions;
505          (B) medical benefits;
506          (C) dental benefits;
507          (D) other insurance benefits except for workers' compensation as provided under Title
508     34A, Chapter 2, Workers' Compensation Act, Title 34A, Chapter 3, Utah Occupational Disease
509     Act, and withholdings required by federal or state law for social security, Medicare, and
510     unemployment insurance; or
511          (E) paid time off, including sick, annual, or other type of leave; and
512          (iii) the retiree does not earn in any calendar year of reemployment an amount in excess
513     of the lesser of $15,000 or one-half of the retiree's final average salary upon which the retiree's
514     retirement allowance is based.
515          (b) Beginning January 1, 2013, the board shall adjust the amounts under Subsection
516     (1)(a)(iii) by the annual change in the Consumer Price Index during the previous calendar year
517     as measured by a United States Bureau of Labor Statistics Consumer Price Index average as
518     determined by the board.
519          (2) A retiree shall be considered as having completed the one-year separation from
520     employment with a participating employer required under Section 49-11-1204, if the retiree:
521          (a) before retiring:
522          (i) was employed with a participating employer as a public safety service employee as
523     defined in Section 49-14-102, 49-15-102, or 49-23-102;

524          (ii) and during the employment under Subsection (2)(a)(i), suffered a physical injury
525     resulting from external force or violence while performing the duties of the employment, and
526     for which injury the retiree would have been approved for total disability in accordance with
527     the provisions under Chapter 21, Public Employees' Long-Term Disability Act, if years of
528     service are not considered;
529          (iii) had less than 30 years of service credit but had sufficient service credit to retire,
530     with an unreduced allowance making the public safety service employee ineligible for
531     long-term disability payments under Chapter 21, Public Employees' Long-Term Disability Act,
532     or a substantially similar long-term disability program; and
533          (iv) does not receive any long-term disability benefits from any participating employer;
534     and
535          (b) is reemployed by a different participating employer.
536          (3) (a) The office may not cancel the retirement allowance of a retiree who is employed
537     as an affiliated emergency services worker within one year of the retiree's retirement date if the
538     affiliated emergency services worker does not receive any compensation, except for:
539          (i) a nominal fee, stipend, discount, tax credit, voucher, or other fixed sum of money or
540     cash equivalent payment not tied to productivity and paid periodically for services;
541          (ii) a length-of-service award;
542          (iii) insurance policy premiums paid by the participating employer in the event of death
543     of an affiliated emergency services worker or a line-of-duty accidental death or disability; or
544          (iv) reimbursement of expenses incurred in the performance of duties.
545          (b) For purposes of Subsections (3)(a)(i) and (ii), the total amount of any discounts, tax
546     credits, vouchers, and payments to an affiliated emergency services worker may not exceed
547     $500 per month.
548          (c) Beginning January 1, 2016, the board shall adjust the amount under Subsection
549     (3)(b) by the annual change in the Consumer Price Index during the previous calendar year as
550     measured by a United States Bureau of Labor Statistics Consumer Price Index average as
551     determined by the board.
552          (4) (a) If a retiree is reemployed under the provisions of Subsection (1) or (3), the
553     termination date of the reemployment, as confirmed in writing by the participating employer, is
554     considered the retiree's retirement date for the purpose of calculating the separation

555     requirement under Section 49-11-1204.
556          (b) The office shall cancel the retirement allowance of a retiree for the remainder of the
557     calendar year if the reemployment with a participating employer exceeds the limitation under
558     Subsection (1)(a)(iii) or (3)(b).
559          Section 9. Section 49-11-1206 is enacted to read:
560          49-11-1206. Notice of postretirement reemployment.
561          (1) A participating employer shall immediately notify the office:
562          (a) if the participating employer reemploys a retiree;
563          (b) whether the reemployment is subject to Section 49-11-1204 or Subsection
564     49-11-1205(1), (2), or (3); and
565          (c) of any election by the retiree under Section 49-11-1204.
566          (2) A participating employer shall certify to the office whether the position of an
567     elected official is or is not full time.
568          (3) A retiree subject to this part shall report to the office the status of the reemployment
569     under Section 49-11-1204 or 49-11-1205.
570          Section 10. Section 49-11-1207 is enacted to read:
571          49-11-1207. Postretirement reemployment -- Violations -- Penalties.
572          (1) (a) If the office receives notice or learns of the reemployment of a retiree in
573     violation of Section 49-11-1204 or 49-11-1205, the office shall:
574          (i) immediately cancel the retiree's retirement allowance;
575          (ii) keep the retiree's retirement allowance cancelled for the remainder of the calendar
576     year if the reemployment with a participating employer exceeded the limitation under
577     Subsection 49-11-1205(1)(a)(iii) or (3)(b); and
578          (iii) recover any overpayment resulting from the violation in accordance with the
579     provisions of Section 49-11-607 before the allowance may be reinstated.
580          (b) Reinstatement of an allowance following cancellation for a violation under this
581     section is subject to the procedures and provisions under Section 49-11-1204.
582          (2) If a retiree or participating employer failed to report reemployment in violation of
583     Section 49-11-1206, the retiree, participating employer, or both, who are found to be
584     responsible for the failure to report, are liable to the office for the amount of any overpayment
585     resulting from the violation.

586          (3) A participating employer is liable to the office for a payment or failure to make a
587     payment in violation of this part.
588          (4) If a participating employer fails to notify the office in accordance with Section
589     49-11-1206, the participating employer is immediately subject to a compliance audit by the
590     office.
591          Section 11. Section 49-11-1208 is enacted to read:
592          49-11-1208. Rulemaking.
593          The board may make rules to implement this part.
594          Section 12. Section 49-12-401 is amended to read:
595          49-12-401. Eligibility for an allowance -- Date of retirement -- Qualifications.
596          (1) A member is qualified to receive an allowance from this system when:
597          (a) except as provided under Subsection (3), the member ceases actual work for every
598     participating employer that employs the member before the member's retirement date and
599     provides evidence of the termination;
600          (b) the member has submitted to the office a retirement application form that states the
601     member's proposed retirement date; and
602          (c) one of the following conditions is met as of the member's retirement date:
603          (i) the member has accrued at least four years of service credit and has attained an age
604     of 65 years;
605          (ii) the member has accrued at least 10 years of service credit and has attained an age
606     of 62 years;
607          (iii) the member has accrued at least 20 years of service credit and has attained an age
608     of 60 years; or
609          (iv) the member has accrued at least 30 years of service credit.
610          (2) (a) The member's retirement date:
611          (i) shall be the 1st or the 16th day of the month, as selected by the member;
612          (ii) shall be on or after the date of termination; and
613          (iii) may not be more than 90 days before or after the date the application is received by
614     the office.
615          (b) Except as provided under Subsection (3), a member may not be employed by a
616     participating employer in the system established by this chapter on the retirement date selected

617     under Subsection (2)(a)(i).
618          (3) (a) A member who is employed by a participating employer and who is also an
619     elected official is not required to cease service as an elected official to be qualified to receive
620     an allowance under Subsection (1), unless the member is retiring from service as an elected
621     official.
622          (b) A member who is employed by a participating employer and who is also a part-time
623     appointed board member is not required to cease service as a part-time appointed board
624     member to be qualified to receive an allowance under Subsection (1).
625          (c) A member who is employed by a participating employer, who is also an affiliated
626     emergency services worker as defined in [Subsection 49-11-505(1)(d)] Section 49-11-1202 for
627     a different agency, is not required to cease service as an affiliated emergency services worker to
628     be qualified to receive an allowance under Subsection (1).
629          Section 13. Section 49-12-701 is amended to read:
630          49-12-701. Early retirement incentive -- Eligibility -- Calculation of benefit --
631     Payment of costs -- Savings to be appropriated by Legislature -- Restrictions on
632     reemployment.
633          (1) Any member of this system may retire and receive the allowance allowed under
634     Subsection (2) if the member meets the following requirements as of the member's retirement
635     date:
636          (a) the member is eligible for retirement under Section 49-12-401, or has 25 years of
637     service credit;
638          (b) the member elects to forfeit any stipend for retirement offered by the participating
639     employer; and
640          (c) the member elects to retire from this system by applying for retirement by the date
641     established under Subsection (3)(a) or (3)(b).
642          (2) (a) A member who retires under Subsection (1) shall receive 2% of that member's
643     final average salary for all years of service credit.
644          (b) An actuarial reduction may not be applied to the allowance granted under this
645     section.
646          (3) In order to receive the allowance allowed by this section, a member shall submit an
647     application to the office as follows:

648          (a) (i) For state and school employees under Level A, the application shall be filed by
649     May 31, 1987. The member's retirement date shall then be set by the member on the 1st or 16th
650     day of July, August, or September, 1987.
651          (ii) If a Level A member elects to retire, the executive director or participating
652     employer may request the member to delay the retirement date until a later date, but no later
653     than June 30, 1988.
654          (iii) If the member agrees to delay the retirement date, the retirement date shall be
655     delayed, but service credit may not be accrued after the member's original retirement date
656     elected by the member, and compensation earned after the member's original retirement date
657     may not be used in the calculation of the final average salary for determining the retirement
658     allowance.
659          (b) (i) For political subdivision employees under Level B, the application shall be filed
660     by September 30, 1987.
661          (ii) The retirement date shall then be set by the member on the 1st or 16th day of July,
662     August, September, October, November, or December, 1987.
663          (4) (a) The cost of providing the allowance under this section shall be funded in fiscal
664     year 1987-88 by a supplemental appropriation in the 1988 General Session based on the
665     retirement contribution rate increase established by the consulting actuary and approved by the
666     board.
667          (b) The cost of providing the allowance under this section shall be funded beginning
668     July 1, 1988, by means of an increase in the retirement contribution rate established by the
669     consulting actuary and approved by the board.
670          (c) The rate increase under Subsections (4)(a) and (b) shall be funded:
671          (i) for state employees, by an appropriation from the account established by the
672     Division of Finance under Subsection (4)(d), which is funded by savings derived from this
673     early retirement incentive and a work force reduction;
674          (ii) for school employees, by direct contributions from the employing unit, which may
675     not be funded through an increase in the retirement contribution amount established in Title
676     53A, Chapter 17a, Minimum School Program Act; and
677          (iii) for political subdivisions under Level B, by direct contributions by the
678     participating employer.

679          (d) (i) Each year, any excess savings derived from this early retirement incentive which
680     are above the costs of funding the increase and the costs of paying insurance, sick leave,
681     compensatory leave, and vacation leave under Subsections (4)(c)(i) and (c)(ii) shall be reported
682     to the Legislature and shall be appropriated as provided by law.
683          (ii) In the case of Subsection (4)(c)(i), the Division of Finance shall establish an
684     account into which all savings derived from this early retirement incentive shall be deposited as
685     the savings are realized.
686          (iii) In the case of Subsection (4)(c)(ii), the State Office of Education shall certify the
687     amount of savings derived from this early retirement incentive.
688          (iv) The State Office of Education and the participating employer may not spend the
689     savings until appropriated by the Legislature as provided by law.
690          (5) A member who retires under this section is subject to [Sections] Section 49-11-504
691     and [49-11-505] Chapter 11, Part 12, Postretirement Reemployment Restrictions Act.
692          (6) The board may adopt rules to administer this section.
693          (7) The Legislative Auditor General shall perform an audit to ensure compliance with
694     this section.
695          Section 14. Section 49-13-401 is amended to read:
696          49-13-401. Eligibility for an allowance -- Date of retirement -- Qualifications.
697          (1) A member is qualified to receive an allowance from this system when:
698          (a) except as provided under Subsection (3), the member ceases actual work for every
699     participating employer that employs the member before the member's retirement date and
700     provides evidence of the termination;
701          (b) the member has submitted to the office a retirement application form that states the
702     member's proposed retirement date; and
703          (c) one of the following conditions is met as of the member's retirement date:
704          (i) the member has accrued at least four years of service credit and has attained an age
705     of 65 years;
706          (ii) the member has accrued at least 10 years of service credit and has attained an age
707     of 62 years;
708          (iii) the member has accrued at least 20 years of service credit and has attained an age
709     of 60 years;

710          (iv) the member has accrued at least 30 years of service credit; or
711          (v) the member has accrued at least 25 years of service credit, in which case the
712     member shall be subject to the reduction under Subsection 49-13-402(2)(b).
713          (2) (a) The member's retirement date:
714          (i) shall be the 1st or the 16th day of the month, as selected by the member;
715          (ii) shall be on or after the date of termination; and
716          (iii) may not be more than 90 days before or after the date the application is received by
717     the office.
718          (b) Except as provided under Subsection (3), a member may not be employed by a
719     participating employer in the system established by this chapter on the retirement date selected
720     under Subsection (2)(a)(i).
721          (3) (a) A member who is employed by a participating employer and who is also an
722     elected official is not required to cease service as an elected official to be qualified to receive
723     an allowance under Subsection (1), unless the member is retiring from service as an elected
724     official.
725          (b) A member who is employed by a participating employer and who is also a part-time
726     appointed board member is not required to cease service as a part-time appointed board
727     member to be qualified to receive an allowance under Subsection (1).
728          (c) A member who is employed by a participating employer, who is also an affiliated
729     emergency services worker as defined in [Subsection 49-11-505(1)(d)] Section 49-11-1202 for
730     a different agency, is not required to cease service as an affiliated emergency services worker to
731     be qualified to receive an allowance under Subsection (1).
732          Section 15. Section 49-13-701 is amended to read:
733          49-13-701. Early retirement incentive -- Eligibility -- Calculation of benefit --
734     Payment of costs -- Savings to be appropriated by Legislature -- Restrictions on
735     reemployment.
736          (1) Any member of this system may retire and receive the allowance allowed under
737     Subsection (2) if the member meets the following requirements as of the member's retirement:
738          (a) the member is eligible for retirement under Section 49-13-401, or has 25 years of
739     service credit;
740          (b) the member elects to forfeit any stipend for retirement offered by the participating

741     employer; and
742          (c) the member elects to retire from this system by applying for retirement by the date
743     established under Subsection (3)(a) or (3)(b).
744          (2) (a) A member who retires under Subsection (1) shall receive 2% of that member's
745     final average salary for all years of service credit.
746          (b) No actuarial reduction may be applied to the allowance granted under this section.
747          (3) In order to receive the allowance allowed by this section, a member shall submit an
748     application to the office as follows:
749          (a) (i) For state and school employees under Level A, the application shall be filed by
750     May 31, 1987. The member's retirement date shall then be set by the member on the 1st or 16th
751     day of July, August, or September, 1987.
752          (ii) If a Level A member elects to retire, the executive director or participating
753     employer may request the member to delay the retirement date until a later date, but no later
754     than June 30, 1988.
755          (iii) If the member agrees to delay the retirement date, the retirement date shall be
756     delayed, but service credit may not be accrued after the member's original retirement date
757     elected by the member, and compensation earned after the member's original retirement date
758     may not be used in the calculation of the final average salary for determining the retirement
759     allowance.
760          (b) (i) For political subdivision employees under Level B, the application shall be filed
761     by September 30, 1987.
762          (ii) The member's retirement date shall then be set by the member on the 1st or 16th
763     day of July, August, September, October, November, or December, 1987.
764          (4) (a) The cost of providing the allowance under this section shall be funded in fiscal
765     year 1987-88 by a supplemental appropriation in the 1988 General Session based on the
766     retirement contribution rate increase established by the consulting actuary and approved by the
767     board.
768          (b) The cost of providing the allowance under this section shall be funded beginning
769     July 1, 1988, by means of an increase in the retirement contribution rate established by the
770     consulting actuary and approved by the board.
771          (c) The rate increase under Subsections (4)(a) and (b) shall be funded:

772          (i) for state employees, by an appropriation from the account established by the
773     Division of Finance under Subsection (4)(d), which is funded by savings derived from this
774     early retirement incentive and a work force reduction;
775          (ii) for school employees, by direct contributions from the employing unit, which may
776     not be funded through an increase in the retirement contribution amount established in Title
777     53A, Chapter 17a, Minimum School Program Act; and
778          (iii) for political subdivisions under Level B, by direct contributions by the
779     participating employer.
780          (d) (i) Each year, any excess savings derived from this early retirement incentive which
781     are above the costs of funding the increase and the costs of paying insurance, sick leave,
782     compensatory leave, and vacation leave under Subsections (4)(c)(i) and (c)(ii) shall be reported
783     to the Legislature and shall be appropriated as provided by law.
784          (ii) In the case of Subsection (4)(c)(i), the Division of Finance shall establish an
785     account into which all savings derived from this early retirement incentive shall be deposited as
786     the savings are realized.
787          (iii) In the case of Subsection (4)(c)(ii), the State Office of Education shall certify the
788     amount of savings derived from this early retirement incentive.
789          (iv) The State Office of Education and the participating employer may not spend the
790     savings until appropriated by the Legislature as provided by law.
791          (5) A member who retires under this section is subject to [Sections] Section 49-11-504
792     and [49-11-505] Chapter 11, Part 12, Postretirement Reemployment Restrictions Act.
793          (6) The board may make rules to administer this section.
794          (7) The Legislative Auditor General shall perform an audit to ensure compliance with
795     this section.
796          Section 16. Section 49-14-401 is amended to read:
797          49-14-401. Eligibility for service retirement -- Date of retirement --
798     Qualifications.
799          (1) A member is qualified to receive an allowance from this system when:
800          (a) except as provided under Subsection (3), the member ceases actual work for every
801     participating employer that employs the member before the member's retirement date and
802     provides evidence of the termination;

803          (b) the member has submitted to the office a retirement application form that states the
804     member's proposed retirement date; and
805          (c) one of the following conditions is met as of the member's retirement date:
806          (i) the member has accrued at least 20 years of service credit;
807          (ii) the member has accrued at least 10 years of service credit and has attained an age
808     of 60 years; or
809          (iii) the member has accrued at least four years of service credit and has attained an age
810     of 65 years.
811          (2) (a) The member's retirement date:
812          (i) shall be the 1st or the 16th day of the month, as selected by the member;
813          (ii) shall be on or after the date of termination; and
814          (iii) may not be more than 90 days before or after the date the application is received by
815     the office.
816          (b) Except as provided under Subsection (3), a member may not be employed by a
817     participating employer in the system established by this chapter on the retirement date selected
818     under Subsection (2)(a)(i).
819          (3) (a) A member who is employed by a participating employer and who is also an
820     elected official is not required to cease service as an elected official to be qualified to receive
821     an allowance under Subsection (1), unless the member is retiring from service as an elected
822     official.
823          (b) A member who is employed by a participating employer and who is also a part-time
824     appointed board member is not required to cease service as a part-time appointed board
825     member to be qualified to receive an allowance under Subsection (1).
826          (c) A member who is employed by a participating employer, who is also an affiliated
827     emergency services worker as defined in [Subsection 49-11-505(1)(d)] Section 49-11-1202 for
828     a different agency, is not required to cease service as an affiliated emergency services worker to
829     be qualified to receive an allowance under Subsection (1).
830          Section 17. Section 49-15-401 is amended to read:
831          49-15-401. Eligibility for service retirement -- Date of retirement --
832     Qualifications.
833          (1) A member is qualified to receive an allowance from this system when:

834          (a) except as provided under Subsection (3), the member ceases actual work for every
835     participating employer that employs the member before the member's retirement date and
836     provides evidence of the termination;
837          (b) the member has submitted to the office a retirement application form that states the
838     member's proposed retirement date; and
839          (c) one of the following conditions is met as of the member's retirement date:
840          (i) the member has accrued at least 20 years of service credit;
841          (ii) the member has accrued at least 10 years of service credit and has attained an age
842     of 60 years; or
843          (iii) the member has accrued at least four years of service and has attained an age of 65
844     years.
845          (2) (a) The member's retirement date:
846          (i) shall be the 1st or the 16th day of the month, as selected by the member;
847          (ii) shall be on or after the date of termination; and
848          (iii) may not be more than 90 days before or after the date the application is received by
849     the office.
850          (b) Except as provided under Subsection (3), a member may not be employed by a
851     participating employer in the system established by this chapter on the retirement date selected
852     under Subsection (2)(a)(i).
853          (3) (a) A member who is employed by a participating employer and who is also an
854     elected official is not required to cease service as an elected official to be qualified to receive
855     an allowance under Subsection (1), unless the member is retiring from service as an elected
856     official.
857          (b) A member who is employed by a participating employer and who is also a part-time
858     appointed board member is not required to cease service as a part-time appointed board
859     member to be qualified to receive an allowance under Subsection (1).
860          (c) A member who is employed by a participating employer, who is also an affiliated
861     emergency services worker as defined in [Subsection 49-11-505(1)(d)] Section 49-11-1202 for
862     a different agency, is not required to cease service as an affiliated emergency services worker to
863     be qualified to receive an allowance under Subsection (1).
864          Section 18. Section 49-16-203 is amended to read:

865          49-16-203. Exemption of certain employees from coverage -- Exception.
866          (1) A firefighter service employee serving as the chief of any fire department or district
867     is excluded from coverage under this system if that firefighter service employee files a formal
868     written request seeking exemption.
869          (2) The chief of any fire department or district who retires from that position shall
870     comply with the provisions of [Sections] Section 49-11-504 and [49-11-505] Chapter 11, Part
871     12, Postretirement Reemployment Restrictions Act, upon reemployment by the participating
872     employer.
873          Section 19. Section 49-16-401 is amended to read:
874          49-16-401. Eligibility for service retirement -- Date of retirement --
875     Qualifications.
876          (1) A member is qualified to receive an allowance from this system when:
877          (a) except as provided under Subsection (3), the member ceases actual work for every
878     participating employer that employs the member before the member's retirement date and
879     provides evidence of the termination;
880          (b) the member has submitted to the office a retirement application form that states the
881     member's proposed retirement date; and
882          (c) one of the following conditions is met as of the member's retirement date:
883          (i) the member has accrued at least 20 years of service credit;
884          (ii) the member has accrued at least 10 years of service credit and has attained an age
885     of 60 years; or
886          (iii) the member has accrued at least four years of service credit and has attained an age
887     of 65 years.
888          (2) (a) The member's retirement date:
889          (i) shall be the 1st or the 16th day of the month, as selected by the firefighter service
890     employee;
891          (ii) shall be on or after the date of termination; and
892          (iii) may not be more than 90 days before or after the date the application is received by
893     the office.
894          (b) Except as provided under Subsection (3), a member may not be employed by a
895     participating employer in the system established by this chapter on the retirement date selected

896     under Subsection (2)(a)(i).
897          (3) (a) A member who is employed by a participating employer and who is also an
898     elected official is not required to cease service as an elected official to be qualified to receive
899     an allowance under Subsection (1), unless the member is retiring from service as an elected
900     official.
901          (b) A member who is employed by a participating employer and who is also a part-time
902     appointed board member is not required to cease service as a part-time appointed board
903     member to be qualified to receive an allowance under Subsection (1).
904          (c) A member who is employed by a participating employer, who is also an affiliated
905     emergency services worker as defined in [Subsection 49-11-505(1)(d)] Section 49-11-1202 for
906     a different agency, is not required to cease service as an affiliated emergency services worker to
907     be qualified to receive an allowance under Subsection (1).
908          Section 20. Section 49-22-304 is amended to read:
909          49-22-304. Defined benefit eligibility for an allowance -- Date of retirement --
910     Qualifications.
911          (1) A member is qualified to receive an allowance from this system when:
912          (a) except as provided under Subsection (3), the member ceases actual work for every
913     participating employer that employs the member before the member's retirement date and
914     provides evidence of the termination;
915          (b) the member has submitted to the office a retirement application form that states the
916     member's proposed retirement date; and
917          (c) one of the following conditions is met as of the member's retirement date:
918          (i) the member has accrued at least four years of service credit and has attained an age
919     of 65 years;
920          (ii) the member has accrued at least 10 years of service credit and has attained an age
921     of 62 years;
922          (iii) the member has accrued at least 20 years of service credit and has attained an age
923     of 60 years; or
924          (iv) the member has accrued at least 35 years of service credit.
925          (2) (a) The member's retirement date:
926          (i) shall be the 1st or the 16th day of the month, as selected by the member;

927          (ii) shall be on or after the date of termination; and
928          (iii) may not be more than 90 days before or after the date the application is received by
929     the office.
930          (b) Except as provided under Subsection (3), a member may not be employed by a
931     participating employer in the system established by this chapter on the retirement date selected
932     under Subsection (2)(a)(i).
933          (3) (a) A member who is employed by a participating employer and who is also an
934     elected official is not required to cease service as an elected official to be qualified to receive
935     an allowance under Subsection (1), unless the member is retiring from service as an elected
936     official.
937          (b) A member who is employed by a participating employer and who is also a part-time
938     appointed board member is not required to cease service as a part-time appointed board
939     member to be qualified to receive an allowance under Subsection (1).
940          (c) A member who is employed by a participating employer, who is also an affiliated
941     emergency services worker as defined in [Subsection 49-11-505(1)(d)] Section 49-11-1202 for
942     a different agency, is not required to cease service as an affiliated emergency services worker to
943     be qualified to receive an allowance under Subsection (1).
944          Section 21. Section 49-23-303 is amended to read:
945          49-23-303. Defined benefit eligibility for an allowance -- Date of retirement --
946     Qualifications.
947          (1) A member is qualified to receive an allowance from this system when:
948          (a) except as provided under Subsection (3), the member ceases actual work for every
949     participating employer that employs the member before the member's retirement date and
950     provides evidence of the termination;
951          (b) the member has submitted to the office a retirement application form that states the
952     member's proposed retirement date; and
953          (c) one of the following conditions is met as of the member's retirement date:
954          (i) the member has accrued at least four years of service credit and has attained an age
955     of 65 years;
956          (ii) the member has accrued at least 10 years of service credit and has attained an age
957     of 62 years;

958          (iii) the member has accrued at least 20 years of service credit and has attained an age
959     of 60 years; or
960          (iv) the member has accrued at least 25 years of service credit.
961          (2) (a) The member's retirement date:
962          (i) shall be the 1st or the 16th day of the month, as selected by the member;
963          (ii) shall be on or after the date of termination; and
964          (iii) may not be more than 90 days before or after the date the application is received by
965     the office.
966          (b) Except as provided under Subsection (3), a member may not be employed by a
967     participating employer in the system established by this chapter on the retirement date selected
968     under Subsection (2)(a)(i).
969          (3) (a) A member who is employed by a participating employer and who is also an
970     elected official is not required to cease service as an elected official to be qualified to receive
971     an allowance under Subsection (1), unless the member is retiring from service as an elected
972     official.
973          (b) A member who is employed by a participating employer and who is also a part-time
974     appointed board member is not required to cease service as a part-time appointed board
975     member to be qualified to receive an allowance under Subsection (1).
976          (c) A member who is employed by a participating employer, who is also an affiliated
977     emergency services worker as defined in [Subsection 49-11-505(1)(d)] Section 49-11-1202 for
978     a different agency, is not required to cease service as an affiliated emergency services worker to
979     be qualified to receive an allowance under Subsection (1).
980          Section 22. Section 67-19-43 is amended to read:
981          67-19-43. State employee matching supplemental defined contribution benefit.
982          (1) As used in this section:
983          (a) "Qualifying account" means:
984          (i) a defined contribution plan qualified under Section 401(k) of the Internal Revenue
985     Code, which is sponsored by the Utah State Retirement Board; or
986          (ii) a deemed Individual Retirement Account authorized under the Internal Revenue
987     Code, which is sponsored by the Utah State Retirement Board; or
988          (iii) a similar savings plan or account authorized under the Internal Revenue Code,

989     which is sponsored by the Utah State Retirement Board.
990          (b) "Qualifying employee" means an employee who is:
991          (i) in a position that is:
992          (A) receiving retirement benefits under Title 49, Utah State Retirement and Insurance
993     Benefit Act; and
994          (B) accruing paid leave benefits that can be used in the current and future calendar
995     years; and
996          (ii) not an employee who is reemployed as that term is:
997          (A) defined in Section [49-11-102.] 49-11-1202; or
998          (B) used in Section 49-11-504.
999          (2) Subject to the requirements of Subsection (3) and beginning on or after January 4,
1000     2014, an employer shall make a biweekly matching contribution to every qualifying employee's
1001     defined contribution plan qualified under Section 401(k) of the Internal Revenue Code, subject
1002     to federal requirements and limitations, which is sponsored by the Utah State Retirement
1003     Board.
1004          (3) (a) In accordance with the requirements of this Subsection (3), each qualifying
1005     employee shall be eligible to receive the same dollar amount for the contribution under
1006     Subsection (2).
1007          (b) A qualifying employee:
1008          (i) shall receive the contribution amount determined under Subsection (3)(c) if the
1009     qualifying employee makes a voluntary personal contribution to one or more qualifying
1010     accounts in an amount equal to or greater than the employer's contribution amount determined
1011     in Subsection (3)(c);
1012          (ii) shall receive a partial contribution amount that is equal to the qualifying employee's
1013     personal contribution amount if the employee makes a voluntary personal contribution to one
1014     or more qualifying accounts in an amount less than the employer's contribution amount
1015     determined in Subsection (3)(c); or
1016          (iii) may not receive a contribution under Subsection (2) if the qualifying employee
1017     does not make a voluntary personal contribution to a qualifying account.
1018          (c) (i) Subject to the maximum limit under Subsection (3)(c)(iii), the Legislature shall
1019     annually determine the contribution amount that an employer shall provide to each qualifying

1020     employee under Subsection (2).
1021          (ii) The department shall make recommendations annually to the Legislature on the
1022     contribution amount required under Subsection (2), in consultation with the Governor's Office
1023     of Management and Budget and the Division of Finance.
1024          (iii) The biweekly matching contribution amount required under Subsection (2) may
1025     not exceed $26 for each qualifying employee.
1026          (4) A qualifying employee is eligible to receive the biweekly contribution under this
1027     section for any pay period in which the employee is in a paid status or other status protected by
1028     federal or state law.
1029          (5) The employer and employee contributions made and related earnings under this
1030     section vest immediately upon deposit and can be withdrawn by the employee at any time,
1031     subject to Internal Revenue Code regulations on the withdrawals.
1032          (6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1033     executive director shall make rules establishing procedures to implement the provisions of this
1034     section.
1035          Section 23. Repealer.
1036          This bill repeals:
1037          Section 49-11-505, Reemployment of a retiree -- Restrictions.






Legislative Review Note
Office of Legislative Research and General Counsel