H.B. 217

1

PUBLIC SAFETY RETIREMENT -
2 EXEMPTION OF CERTAIN EMPLOYEES
3 2005 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: David Clark
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Utah State Retirement and Insurance Benefit Act by amending
10 Public Safety Retirement Systems coverage exemptions.
11 Highlighted Provisions:
12 This bill:
13 . allows an eligible Commissioner of Public Safety to retire from the Public Safety
14 Contributory Retirement System or the Public Safety Noncontributory Retirement
15 System, receive a retirement allowance, and continue in the appointed position; and
16 . makes technical changes.
17 Monies Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 49-14-203, as renumbered and amended by Chapter 250, Laws of Utah 2002
24 49-15-203, as last amended by Chapter 247 and renumbered and amended by Chapter
25 250, Laws of Utah 2002
26
27 Be it enacted by the Legislature of the state of Utah:

28 Section 1. Section 49-14-203 is amended to read:
29 49-14-203. Exemption of certain employees from coverage.
30 (1) A public safety service employee serving as the Commissioner of Public Safety, or
31 as the elected or appointed sheriff or chief of police of a public safety organization, is excluded
32 from coverage under this system if that public safety service employee files a formal written
33 request seeking exemption.
34 (2) Except as provided in Subsection (3), the public safety service employee may not
35 continue employment with the same participating employer and receive an allowance from the
36 office based on public safety service at the same time.
37 (3) [An] The Commissioner of Public Safety or an elected sheriff who is eligible to
38 retire under Section 49-14-401 may:
39 (a) retire from this system and receive an allowance;
40 (b) continue in the elected position; and
41 (c) file for the exemption under Subsection (1).
42 Section 2. Section 49-15-203 is amended to read:
43 49-15-203. Exemption of certain employees from coverage.
44 (1) A public safety service employee serving as the Commissioner of Public Safety, or
45 as the elected or appointed sheriff or chief of police of a public safety organization, is excluded
46 from coverage under this system if that public safety service employee files a formal written
47 request seeking exemption.
48 (2) Except as provided in Subsection (3), the public safety service employee may not
49 continue employment with the same participating employer and receive an allowance from the
50 office based on public safety service at the same time.
51 (3) [An] The Commissioner of Public Safety, an elected sheriff, or an appointed chief
52 of police who is eligible to retire under Section 49-15-401 may:
53 (a) retire from this system and receive an allowance;
54 (b) continue in the elected or appointed position; and
55 (c) file for the exemption under Subsection (1).

Legislative Review Note
as of 12-8-04 2:49 PM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel