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S.B. 85

             1     

PUBLIC SAFETY RETIREMENT EXCEPTION

             2     
2001 GENERAL SESSION

             3     
STATE OF UTAH

             4     
Sponsor: Beverly Ann Evans

             5      This act modifies the Utah State Retirement Act to allow an elected sheriff to retire within
             6      the Public Safety Retirement System and to continue in the office with a retirement
             7      exclusion. This act has an immediate effective date.
             8      This act affects sections of Utah Code Annotated 1953 as follows:
             9      AMENDS:
             10          49-4-205, as last amended by Chapter 224, Laws of Utah 1991
             11      Be it enacted by the Legislature of the state of Utah:
             12          Section 1. Section 49-4-205 is amended to read:
             13           49-4-205. Exclusion of certain employees from coverage -- Exception.
             14          (1) (a) A public employee serving as the commissioner of public safety, or as the elected
             15      or appointed sheriff or chief of police of a public safety organization, is excluded from coverage
             16      under this system if that public employee files a formal written request seeking exclusion from
             17      coverage[, but].
             18          (b) Except as provided in Subsection (1)(c), the public employee [cannot] may not
             19      continue employment in the same covered employer unit and receive payment from the retirement
             20      office at the same time.
             21          (c) An elected sheriff who is eligible to retire under Section 49-4-401 may:
             22          (i) retire from the system and receive a retirement payment;
             23          (ii) continue in the elected office; and
             24          (iii) file for the exclusion under Subsection (1)(a).
             25          (2) Any member of the system or any newly hired employee who is eligible for coverage
             26      and who is drawing a military pension may, by application to the retirement administrator, be
             27      exempted from participating in the system.


             28          Section 2. Effective date.
             29          If approved by two-thirds of all the members elected to each house, this act takes effect
             30      upon approval by the governor, or the day following the constitutional time limit of Utah
             31      Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto, the
             32      date of veto override.




Legislative Review Note
    as of 1-25-01 8:50 AM


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

Office of Legislative Research and General Counsel


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