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S.B. 85 Enrolled

    

PUBLIC SAFETY ELIGIBILITY AMENDMENTS

    
1997 GENERAL SESSION

    
STATE OF UTAH

    
Sponsor: Robert F. Montgomery

    AN ACT RELATING TO PENSIONS; AMENDING THE AUTHORITY OF THE PEACE
    OFFICER STANDARDS AND TRAINING COUNCIL TO DETERMINE PUBLIC
    SAFETY RETIREMENT DISPUTES.
    This act affects sections of Utah Code Annotated 1953 as follows:
    AMENDS:
         49-4-203, as last amended by Chapters 87 and 197, Laws of Utah 1995
         49-4a-203, as last amended by Chapters 87 and 197, Laws of Utah 1995
    Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 49-4-203 is amended to read:
         49-4-203. Eligibility for membership in the system.
        All employees who perform covered public safety services for any employing unit, except
    those withdrawing from coverage as provided by this chapter, shall become members of the
    retirement system as follows:
        (1) Any employee who is employed to perform public safety services for an employer
    covered by this chapter on or after July 1, 1969, shall become a member of the system effective
    on the date of employment.
        (2) (a) Any employee engaged in performing public safety services for a department or
    political subdivision on the date it becomes a participant in the system under this chapter shall
    become a member of the system as of the date of coverage. Each new public safety employee of
    the covered unit shall thereafter become a member of the system effective on the date of
    employment.
        (b) In cities, counties, or other employing units of government that have public safety and
    fire fighter personnel where cross-training and duty is required, the employing unit may enroll
    those dual purpose personnel in the retirement system in which the greatest amount of duty time
    is contemplated and actually worked. The personnel shall be full-time public safety or fire fighter


    employees of the employing unit.
        (3) (a) The board may by rule establish other peace officer groups for purposes of:
        (i) recommending eligibility for coverage under this system; and
        (ii) recommending contribution rates.
        (b) (i) Each employing unit covered by this system shall annually submit to the retirement
    office a schedule indicating the positions to be covered under this system in accordance with
    Subsection 49-4-103 (6). The retirement office may require documentation to justify the inclusion
    of any position under this system.
        (ii) If there is a dispute between the retirement office and an employing unit or employee
    over any position to be covered, the disputed position shall be submitted to the Peace Officer
    Standards and Training Council established under Section 53-6-106 for determination.
        (iii) (A) The Peace Officer Standards and Training Council's authority to decide eligibility
    questions for peace officers is limited to claims for coverage under the Public Safety Retirement
    System for time periods subsequent to July 1, 1989.
        (B) A decision of the Peace Officer Standards and Training Council may not be applied to
    credit earned in another system prior to July 1, 1989.
        (C) Except as provided under Subsection (D), a decision of the Peace Officer Standards and
    Training Council granting an individual or a position coverage under the Public Safety Retirement
    System may only be applied prospectively from the date of that decision.
        (D) A decision of the Peace Officer Standards and Training Council granting an individual
    or a position coverage under the Public Safety Retirement System may be applied retroactively only
    if:
        (I) the employing unit covered other similarly situated employees under the Public Safety
    Retirement System during the time period in question; and
        (II) the employee otherwise meets all eligibility requirements for membership in the Public
    Safety Retirement System.
        (c) (i) The Peace Officer Standards and Training Council may use a subcommittee to provide
    a recommendation to the council in determining disputes between the retirement office and an

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

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        (8) A final order of the Peace Officer Standards and Training Council regarding a dispute
    is final agency action for purposes of Title 63, Chapter 46b, Administrative Procedures Act.
        Section 2. Section 49-4a-203 is amended to read:
         49-4a-203. Eligibility for membership in the system.
        (1) Any person entering full-time employment in a state public safety position after the
    effective date of this chapter shall automatically become a member of the noncontributory retirement
    system.
        (2) Any person in full-time employment in a state public safety position prior to the effective
    date of this system may either become a member of this noncontributory system or remain a member
    of the Public Safety Retirement System established under Title 49, Chapter 4, Public Safety
    Retirement Act, by following the procedures established by the board pursuant to this chapter.
        (3) (a) Membership in the noncontributory system is optional for political subdivisions,
    except that once a political subdivision elects to participate in the noncontributory system that
    election is final and binding upon the political subdivision.
        (b) Persons entering public safety employment with political subdivisions that elect to
    participate in the noncontributory system after the effective date of this chapter shall automatically
    become members of the noncontributory retirement system.
        (c) Any person in full-time employment with the political subdivision prior to that election
    to participate in this system may either become a member of the noncontributory retirement system
    or remain a member of the Public Safety Retirement System established under Title 49, Chapter 4,
    by following the procedures established by the board pursuant to this chapter.
        (4) In cities, counties, or other employing units of government that have public safety and
    fire fighter personnel where cross-training and duty is required, the employing unit may enroll those
    dual purpose personnel in the retirement system in which the greatest amount of duty time is
    contemplated and actually worked in accordance with Subsection (3). The personnel shall be
    full-time public safety or fire fighter employees of the employing unit. New public safety employing
    units after July 1, 1989, are covered under this chapter.
        (5) (a) The board may by rule establish other peace officer groups for purposes of:

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        (i) recommending eligibility for coverage under this system; and
        (ii) recommending contribution rates.
        (b) (i) Each employing unit covered by this system shall annually submit to the retirement
    office a schedule indicating the positions to be covered under this system in accordance with
    Subsection 49-4a-103 (5). The retirement office may require documentation to justify the inclusion
    of any position under this system.
        (ii) If there is a dispute between the retirement office and an employing unit or employee
    over any position to be covered, the disputed position shall be submitted to the Peace Officer
    Standards and Training Council established under Section 53-6-106 for determination.
        (iii) (A) The Peace Officer Standards and Training Council's authority to decide eligibility
    questions for peace officers is limited to claims for coverage under the Public Safety Retirement
    System for time periods subsequent to July 1, 1989.
        (B) A decision of the Peace Officer Standards and Training Council may not be applied to
    credit earned in another system prior to July 1, 1989.
        (C) Except as provided under Subsection (D), a decision of the Peace Officer Standards and
    Training Council granting an individual or a position coverage under the Public Safety Retirement
    System may only be applied prospectively from the date of that decision.
        (D) A decision of the Peace Officer Standards and Training Council granting an individual
    or a position coverage under the Public Safety Retirement System may be applied retroactively only
    if:
        (I) the employing unit covered other similarly situated employees under the Public Safety
    Retirement System during the time period in question; and
        (II) the employee otherwise meets all eligibility requirements for membership in the Public
    Safety Retirement System.
        (c) (i) The Peace Officer Standards and Training Council may use a subcommittee to provide
    a recommendation to the council in determining disputes between the retirement office and an
    employing unit or employee over a position to be covered under this system.
        (ii) The Peace Officer Standards and Training Council shall comply with Title 63, Chapter

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

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