S.B. 85

1

PUBLIC SAFETY ELIGIBILITY AMENDMENTS
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Robert F. Montgomery
5 AN ACT RELATING TO PENSIONS; AMENDING THE AUTHORITY OF THE PEACE
6 OFFICER STANDARDS AND TRAINING COUNCIL TO DETERMINE PUBLIC SAFETY
7 RETIREMENT DISPUTES.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 49-4-203, as last amended by Chapters 87 and 197, Laws of Utah 1995
11 49-4a-203, as last amended by Chapters 87 and 197, Laws of Utah 1995
12 Be it enacted by the Legislature of the state of Utah:
13 Section 1. Section 49-4-203 is amended to read:
14 49-4-203. Eligibility for membership in the system.
15 All employees who perform covered public safety services for any employing unit, except
16 those withdrawing from coverage as provided by this chapter, shall become members of the
17 retirement system as follows:
18 (1) Any employee who is employed to perform public safety services for an employer
19 covered by this chapter on or after July 1, 1969, shall become a member of the system effective
20 on the date of employment.
21 (2) (a) Any employee engaged in performing public safety services for a department or
22 political subdivision on the date it becomes a participant in the system under this chapter shall
23 become a member of the system as of the date of coverage. Each new public safety employee of
24 the covered unit shall thereafter become a member of the system effective on the date of
25 employment.
26 (b) In cities, counties, or other employing units of government that have public safety and
27 fire fighter personnel where cross-training and duty is required, the employing unit may enroll

1 those dual purpose personnel in the retirement system in which the greatest amount of duty time
2 is contemplated and actually worked. The personnel shall be full-time public safety or fire fighter
3 employees of the employing unit.
4 (3) (a) The board may by rule establish other peace officer groups for purposes of:
5 (i) recommending eligibility for coverage under this system; and
6 (ii) recommending contribution rates.
7 (b) (i) Each employing unit covered by this system shall annually submit to the retirement
8 office a schedule indicating the positions to be covered under this system in accordance with
9 Subsection 49-4-103 (6). The retirement office may require documentation to justify the inclusion
10 of any position under this system.
11 (ii) If there is a dispute between the retirement office and an employing unit or employee
12 over any position to be covered, the disputed position shall be submitted to the Peace Officer
13 Standards and Training Council established under Section 53-6-106 for determination.
14 (iii) (A) The Peace Officer Standards and Training Council's authority to decide eligibility
15 questions for peace officers is limited to claims for coverage under the Public Safety Retirement
16 System for time periods subsequent to July 1, 1989.
17 (B) A decision of the Peace Officer Standards and Training Council may not be applied
18 to credit earned in another system prior to July 1, 1989.
18a S (C) EXCEPT AS PROVIDED UNDER SUBSECTION (D), A DECISION OF THE PEACE OFFICER
18b STANDARDS AND TRAINING COUNCIL GRANTING AN INDIVIDUAL OR A POSITION COVERAGE
18c UNDER THE PUBLIC SAFETY RETIREMENT SYSTEM MAY ONLY BE APPLIED PROSPECTIVELY FROM
18d THE DATE OF THAT DECISION.
18e (D) A DECISION OF THE PEACE OFFICER STANDARDS AND TRAINING COUNCIL GRANTING AN
18f INDIVIDUAL OR A POSITION COVERAGE UNDER THE PUBLIC SAFETY RETIREMENT SYSTEM MAY BE
18g APPLIED RETROACTIVELY ONLY IF:
18h (i) THE EMPLOYING UNIT COVERED OTHER SIMILARLY SITUATED EMPLOYEES UNDER
18i THE PUBLIC SAFETY RETIREMENT SYSTEM DURING THE TIME PERIOD IN QUESTION; AND
18j (ii) THE EMPLOYEE OTHERWISE MEETS ALL ELIGIBILITY REQUIREMENTS FOR
18k MEMBERSHIP IN THE PUBLIC SAFETY RETIREMENT SYSTEM. s
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Amend on 2_goldenrod January 27, 1997 19 (c) (i) The Peace Officer Standards and Training Council may use a subcommittee to

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20 provide a recommendation to the council in determining disputes between the retirement office
21 and an employing unit or employee over a position to be covered under this system.
22 (ii) The Peace Officer Standards and Training Council shall comply with Title 63, Chapter
23 46b, Administrative Procedures Act, in conducting adjudicative proceedings.
24 (4) Employees who have performed public safety service and who then transfer or are
25 promoted to administration positions not covered by this system shall continue to earn public
26 safety service credit under this chapter as long as they remain employed in the same department.
27 (5) Unless the Legislature fails to provide funding in the appropriations act for the
28 inclusion of special function officers in the contributory system, special function officers shall be
29 eligible for membership in the contributory system if approved by the Peace Officer Standards and
30 Training Council.
31 (6) (a) The Peace Officer Standards and Training Council, in determining disputes between

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1 the retirement office and an employing unit or employee over a position to be covered under this
2 system, shall determine that to be eligible for membership in this system the employee:
3 (i) is required as a duty of employment to serve in a position that may place the employee
4 at risk to life and personal safety; and
5 (ii) is required to complete training as provided in Subsection 77-1a-1(3), 77-1a-2(3), or
6 77-1a-4(3).
7 (b) If an employee satisfies the requirements of Subsection (6)(a), the Peace Officer
8 Standards and Training Council shall consider, in determining eligibility for membership in the
9 system, whether the employee:
10 (i) performs duties that consist primarily of actively preventing or detecting crime and
11 enforcing criminal statutes or ordinances of this state or any of its political subdivisions;
12 (ii) performs duties that consist primarily of providing community protection; and
13 (iii) is required to respond to situations involving threats to public safety and make
14 emergency decisions affecting the lives and health of others.
15 (7) If a subcommittee is used to recommend the determination of disputes to the Peace
16 Officer Standards and Training Council, the subcommittee shall comply with the requirements of
17 Subsection (6) in making its recommendation.
18 (8) A final order of the Peace Officer Standards and Training Council regarding a dispute
19 is final agency action for purposes of Title 63, Chapter 46b, Administrative Procedures Act.
20 Section 2. Section 49-4a-203 is amended to read:
21 49-4a-203. Eligibility for membership in the system.
22 (1) Any person entering full-time employment in a state public safety position after the
23 effective date of this chapter shall automatically become a member of the noncontributory
24 retirement system.
25 (2) Any person in full-time employment in a state public safety position prior to the
26 effective date of this system may either become a member of this noncontributory system or
27 remain a member of the Public Safety Retirement System established under Title 49, Chapter 4,
28 Public Safety Retirement Act, by following the procedures established by the board pursuant to
29 this chapter.
30 (3) (a) Membership in the noncontributory system is optional for political subdivisions,
31 except that once a political subdivision elects to participate in the noncontributory system that

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1 election is final and binding upon the political subdivision.
2 (b) Persons entering public safety employment with political subdivisions that elect to
3 participate in the noncontributory system after the effective date of this chapter shall automatically
4 become members of the noncontributory retirement system.
5 (c) Any person in full-time employment with the political subdivision prior to that election
6 to participate in this system may either become a member of the noncontributory retirement system
7 or remain a member of the Public Safety Retirement System established under Title 49, Chapter
8 4, by following the procedures established by the board pursuant to this chapter.
9 (4) In cities, counties, or other employing units of government that have public safety and
10 fire fighter personnel where cross-training and duty is required, the employing unit may enroll
11 those dual purpose personnel in the retirement system in which the greatest amount of duty time
12 is contemplated and actually worked in accordance with Subsection (3). The personnel shall be
13 full-time public safety or fire fighter employees of the employing unit. New public safety
14 employing units after July 1, 1989, are covered under this chapter.
15 (5) (a) The board may by rule establish other peace officer groups for purposes of:
16 (i) recommending eligibility for coverage under this system; and
17 (ii) recommending contribution rates.
18 (b) (i) Each employing unit covered by this system shall annually submit to the retirement
19 office a schedule indicating the positions to be covered under this system in accordance with
20 Subsection 49-4a-103 (5). The retirement office may require documentation to justify the inclusion
21 of any position under this system.
22 (ii) If there is a dispute between the retirement office and an employing unit or employee
23 over any position to be covered, the disputed position shall be submitted to the Peace Officer
24 Standards and Training Council established under Section 53-6-106 for determination.
25 (iii) (A) The Peace Officer Standards and Training Council's authority to decide eligibility
26 questions for peace officers is limited to claims for coverage under the Public Safety Retirement
27 System for time periods subsequent to July 1, 1989.
28 (B) A decision of the Peace Officer Standards and Training Council may not be applied
29 to credit earned in another system prior to July 1, 1989.
29a Text Box

Amend on 2_goldenrod January 27, 1997 S (C) EXCEPT AS PROVIDED UNDER SUBSECTION (D), A DECISION OF THE PEACE OFFICER

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29b STANDARDS AND TRAINING COUNCIL GRANTING AN INDIVIDUAL OR A POSITION
29c COVERAGE UNDER THE PUBLIC SAFETY RETIREMENT SYSTEM MAY ONLY BE APPLIED
29d PROSPECTIVELY FROM THE DATE OF THAT DECISION.
29e (D) A DECISION OF THE PEACE OFFICER STANDARDS AND TRAINING COUNCIL
29f GRANTING AN INDIVIDUAL OR A POSITION COVERAGE UNDER THE PUBLIC SAFETY RETIREMENT
29g SYSTEM MAY BE APPLIED RETROACTIVELY ONLY IF:
29h (i) THE EMPLOYING UNIT COVERED OTHER SIMILARLY SITUATED EMPLOYEES UNDER
29i THE PUBLIC SAFETY RETIREMENT SYSTEM DURING THE TIME PERIOD IN QUESTION; AND
29j (ii) THE EMPLOYEE OTHERWISE MEETS ALL ELIGIBILITY REQUIREMENTS FOR
29k MEMBERSHIP IN THE PUBLIC SAFETY RETIREMENT SYSTEM. s
30 (c) (i) The Peace Officer Standards and Training Council may use a subcommittee to
31 provide a recommendation to the council in determining disputes between the retirement office

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Amend on 2_goldenrod January 27, 1997

1 and an employing unit or employee over a position to be covered under this system.
2 (ii) The Peace Officer Standards and Training Council shall comply with Title 63, Chapter
3 46b, Administrative Procedures Act, in conducting adjudicative proceedings.
4 (6) Employees who have performed public safety service and who then transfer or are
5 promoted to administration positions not covered by this system shall continue to earn public
6 safety service credit under this chapter as long as they remain employed in the same department.
7 (7) Unless the Legislature fails to provide funding in the appropriations act for the
8 inclusion of special function officers in the noncontributory system, special function officers shall
9 be eligible for membership in the noncontributory system if approved by the Peace Officers
10 Standards and Training Council
11 (8) (a) The Peace Officer Standards and Training Council, in determining disputes between
12 the retirement office and an employing unit or employee over a position to be covered under this
13 system, shall determine that to be eligible for membership in this system the employee:
14 (i) is required as a duty of employment to serve in a position that may place the employee
15 at risk to life and personal safety; and
16 (ii) is required to complete training as provided in Subsection 77-1a-1(3), 77-1a-2(3), or
17 77-1a-4(3).
18 (b) If an employee satisfies the requirements of Subsection (8)(a), the Peace Officer
19 Standards and Training Council shall consider, in determining eligibility for membership in the
20 system, whether the employee:
21 (i) performs duties that consist primarily of actively preventing or detecting crime and
22 enforcing criminal statutes or ordinances of this state or any of its political subdivisions;
23 (ii) performs duties that consist primarily of providing community protection; and
24 (iii) is required to respond to situations involving threats to public safety and make
25 emergency decisions affecting the lives and health of others.
26 (9) If a subcommittee is used to recommend the determination of disputes to the Peace
27 Officer Standards and Training Council, the subcommittee shall comply with the requirements of
28 Subsection (8) in making its recommendation.
29 (10) A final order of the Peace Officer Standards and Training Council regarding a dispute
30 is final agency action for purposes of Title 63, Chapter 46b, Administrative Procedures Act.


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Legislative Review Note
as of 11-27-96 8:52 AM

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

Office of Legislative Research and General Counsel

Committee Note

The Retirement Interim Committee recommended this bill.

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