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H.B. 365 Enrolled
AN ACT RELATING TO RETIREMENT; MODIFYING PUBLIC SAFETY RETIREMENT
EXCLUSION PROVISIONS FOR ELECTED SHERIFFS; AND PROVIDING AN EFFECTIVE
DATE.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
49-4a-206, as last amended by Chapter 224, Laws of Utah 1991
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 49-4a-206 is amended to read:
49-4a-206. Exclusion of certain employees from coverage -- Exception.
(1) (a) A public employee serving as the commissioner of public safety, or as the elected
or appointed sheriff or chief of police of a public safety organization, is excluded from coverage
under this system if that public employee files a formal written request seeking exclusion from
coverage[
(b) Except as provided in Subsection (1)(c), the public employee [
continue employment in the same covered employer unit and receive payment from the retirement
office at the same time.
(c) An elected sheriff who is eligible to retire under Section 49-4a-401 may:
(i) retire from the system and receive a retirement payment;
(ii) continue in the elected office; and
(iii) file for the exclusion under Subsection (1)(a).
(2) Any member of the system or any newly hired employee who is eligible for coverage
and who is drawing a military pension may, by application to the retirement administrator, be
exempted from participating in the system.
Section 2. Effective date.
If approved by two-thirds of all the members elected to each house, this act takes effect
upon approval by the governor, or the day following the constitutional time limit of Utah
Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto, the date
of veto override.
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