S.B. 130 Enrolled

RETIREMENT FOR AIRPORT POLICE
2005 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Mike Dmitrich
House Sponsor: Brent H. Goodfellow

LONG TITLE
General Description:
This bill modifies the Utah State Retirement and Insurance Benefit Act to amend
transfer of service credit provisions.
Highlighted Provisions:
This bill:
. allows a public safety service employee to elect to remain in the employee's current
retirement system if the employee is employed by an airport police department
which elects to cover its public safety service employees under the Public Safety
Noncontributory Retirement System; and
. provides certain procedures for the election.
Monies Appropriated in this Bill:
None
Other Special Clauses:
This bill takes effect on July 1, 2005.
Utah Code Sections Affected:
AMENDS:
49-14-201, as renumbered and amended by Chapter 250, Laws of Utah 2002
49-15-201, as renumbered and amended by Chapter 250, Laws of Utah 2002

Be it enacted by the Legislature of the state of Utah:
Section 1. Section 49-14-201 is amended to read:
49-14-201. System membership -- Eligibility.

(1) Except as provided in Section 49-15-201 , a public safety service employee of a
participating employer participating in this system is eligible for service credit in this system at
the earliest of:
(a) July 1, 1969, if the public safety service employee was employed by the participating
employer on July 1, 1969, and the participating employer was participating in this system on that
date;
(b) the date the participating employer begins participating in this system if the public
safety service employee was employed by the participating employer on that date; or
(c) the date the public safety service employee is employed by the participating employer
and is eligible to perform public safety service.
(2) (a) (i) A participating employer that has public safety service and firefighter service
employees that require cross-training and duty shall enroll those dual purpose employees in the
system in which the greatest amount of time is actually worked.
(ii) The employees shall either be full-time public safety service or full-time firefighter
service employees of the participating employer.
(b) (i) Prior to transferring a dual purpose employee from one system to another, the
participating employer shall receive written permission from the office.
(ii) The office may request documentation to verify the appropriateness of the transfer.
(3) The board may combine or segregate the actuarial experience of participating
employers in this system for the purpose of setting contribution rates.
(4) (a) (i) Each participating employer participating in this system shall annually submit
to the office a schedule indicating the positions to be covered under this system in accordance
with this chapter.
(ii) The office may require documentation to justify the inclusion of any position under
this system.
(b) If there is a dispute between the office and a participating employer 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.

(c) (i) The Peace Officer Standards and Training Council's authority to decide eligibility
for public safety service credit is limited to claims for coverage under this system for time
periods after July 1, 1989.
(ii) A decision of the Peace Officer Standards and Training Council may not be applied
to service credit earned in another system prior to July 1, 1989.
(iii) Except as provided under Subsection (4)(c)(iv), a decision of the Peace Officer
Standards and Training Council granting a position coverage under this system may only be
applied prospectively from the date of that decision.
(iv) A decision of the Peace Officer Standards and Training Council granting a position
coverage under this system may be applied retroactively only if:
(A) the participating employer covered other similarly situated positions under this
system during the time period in question; and
(B) the position otherwise meets all eligibility requirements for receiving service credit
in this system during the period for which service credit is to be granted.
(5) The Peace Officer Standards and Training Council may use a subcommittee to
provide a recommendation to the council in determining disputes between the office and a
participating employer or employee over a position to be covered under this system.
(6) The Peace Officer Standards and Training Council shall comply with Title 63,
Chapter 46b, Administrative Procedures Act, in resolving coverage disputes in this system.
(7) A public safety employee who is transferred or promoted to an administration
position not covered by this system shall continue to earn public safety service credit in this
system as long as the employee remains employed in the same department.
(8) Any employee who is transferred to the Division of Information Technology Services
from the Department of Public Safety prior to January 1, 1992, and who was a member of this
system, shall be entitled to remain a member of this system regardless of whether or not the
employee's current position is covered by this system.
(9) (a) To determine that a position is covered under this system, the office and, if a
coverage dispute arises, the Peace Officer Standards and Training Council shall find that the

position requires the employee to:
(i) place the employee's life or personal safety at risk; and
(ii) complete training as provided in Section 53-13-103 , 53-13-104 , or 53-13-105 .
(b) If a position satisfies the requirements of Subsection (9)(a), the office and the Peace
Officer Standards and Training Council shall consider whether or not the position requires the
employee to:
(i) perform 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) perform duties that consist primarily of providing community protection; and
(iii) respond to situations involving threats to public safety and make emergency
decisions affecting the lives and health of others.
(10) 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 (9) in making its recommendation.
(11) A final order of the Peace Officer Standards and Training Council regarding a
dispute is a final agency action for purposes of Title 63, Chapter 46b, Administrative Procedures
Act.
(12) [If] Except as provided under Subsection (13), if a participating employer's public
safety service employees are not covered by this system or under Chapter 15, Public Safety
Noncontributory Retirement Act, as of January 1, 1998, those public safety service employees
who may otherwise qualify for membership in this system shall, at the discretion of the
participating employer, remain in their current retirement system.
(13) (a) A public safety service employee employed by an airport police department,
which elects to cover its public safety service employees under the Public Safety
Noncontributory Retirement System under Subsection (12), may elect to remain in the public
safety service employee's current retirement system.
(b) The public safety service employee's election to remain in the current retirement
system under Subsection (13)(a):

(i) shall be made at the time the employer elects to move its public safety service
employees to a public safety retirement system;
(ii) documented by written notice to the participating employer; and
(iii) is irrevocable.
Section 2. Section 49-15-201 is amended to read:
49-15-201. System membership -- Eligibility.
(1) (a) A public safety service employee employed by the state after July 1, 1989, is
eligible for service credit in this system.
(b) A public safety service employee employed by the state prior to July 1, 1989, may
either elect to receive service credit in this system or continue to receive service credit under the
system established under Chapter 14, Public Safety Contributory Retirement Act, by following
the procedures established by the board under this chapter.
(2) (a) Public safety service employees of a participating employer other than the state
that elected on or before July 1, 1989, to remain in the Public Safety Contributory Retirement
System shall be eligible only for service credit in that system.
(b) (i) A participating employer other than the state that elected on or before July 1,
1989, to participate in this system shall, have allowed, prior to July 1, 1989, a public safety
service employee to elect to participate in either this system or the Public Safety Contributory
Retirement System.
(ii) Except as expressly allowed by this title, the election of the public safety service
employee is final and may not be changed.
(c) A public safety service employee hired by a participating employer other than the
state after July 1, 1989, shall become a member in this system.
(d) A public safety service employee of a participating employer other than the state who
began participation in this system after July 1, 1989, is only eligible for service credit in this
system.
(3) (a) (i) A participating employer that has public safety service and firefighter service
employees that require cross-training and duty shall enroll those dual purpose employees in the

system in which the greatest amount of time is actually worked.
(ii) The employees shall either be full-time public safety service or full-time firefighter
service employees of the participating employer.
(b) (i) Prior to transferring a dual purpose employee from one system to another, the
participating employer shall receive written permission from the office.
(ii) The office may request documentation to verify the appropriateness of the transfer.
(4) The board may combine or segregate the actuarial experience of participating
employers in this system for the purpose of setting contribution rates.
(5) (a) (i) Each participating employer participating in this system shall annually submit
to the office a schedule indicating the positions to be covered under this system in accordance
with this chapter.
(ii) The office may require documentation to justify the inclusion of any position under
this system.
(b) If there is a dispute between the office and a participating employer 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.
(c) (i) The Peace Officer Standards and Training Council's authority to decide eligibility
for public safety service credit is limited to claims for coverage under this system for time
periods after July 1, 1989.
(ii) A decision of the Peace Officer Standards and Training Council may not be applied
to service credit earned in another system prior to July 1, 1989.
(iii) Except as provided under Subsection (5)(c)(iv), a decision of the Peace Officer
Standards and Training Council granting a position coverage under this system may only be
applied prospectively from the date of that decision.
(iv) A decision of the Peace Officer Standards and Training Council granting a position
coverage under this system may be applied retroactively only if:
(A) the participating employer covered other similarly situated positions under this
system during the time period in question; and

(B) the position otherwise meets all eligibility requirements for receiving service credit
in this system during the period for which service credit is to be granted.
(6) The Peace Officer Standards and Training Council may use a subcommittee to
provide a recommendation to the council in determining disputes between the office and a
participating employer or employee over a position to be covered under this system.
(7) The Peace Officer Standards and Training Council shall comply with Title 63,
Chapter 46b, Administrative Procedures Act, in resolving coverage disputes in this system.
(8) A public safety service employee who is transferred or promoted to an administration
position not covered by this system shall continue to earn public safety service credit in this
system as long as the employee remains employed in the same department.
(9) Any employee who is transferred to the Division of Information Technology Services
from the Department of Public Safety prior to January 1, 1992, and who was a member in this
system, shall be entitled to remain a member in this system regardless of whether or not the
employee's current position is covered by this system.
(10) (a) To determine that a position is covered under this system, the office and, if a
coverage dispute arises, the Peace Officer Standards and Training Council shall find that the
position requires the employee to:
(i) place the employee's life or personal safety at risk; and
(ii) complete training as provided in Section 53-13-103 , 53-13-104 , or 53-13-105 .
(b) If a position satisfies the requirements of Subsection (10)(a), the office and Peace
Officer Standards and Training Council shall consider whether the position requires the
employee to:
(i) perform 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) perform duties that consist primarily of providing community protection; and
(iii) respond to situations involving threats to public safety and make emergency
decisions affecting the lives and health of others.
(11) 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 (10) in making its recommendation.
(12) A final order of the Peace Officer Standards and Training Council regarding a
dispute is a final agency action for purposes of Title 63, Chapter 46b, Administrative Procedures
Act.
(13) [If] Except as provided under Subsection (14), if a participating employer's public
safety service employees are not covered by this system under Chapter 14, Public Safety
Contributory Retirement Act, as of January 1, 1998, those public safety service employees who
may otherwise qualify for membership in this system shall, at the discretion of the participating
employer, remain in their current retirement system.
(14) (a) A public safety service employee employed by an airport police department,
which elects to cover its public safety service employees under the Public Safety
Noncontributory Retirement System under Subsection (13), may elect to remain in the public
safety service employee's current retirement system.
(b) The public safety service employee's election to remain in the current retirement
system under Subsection (14)(a):
(i) shall be made at the time the employer elects to move its public safety service
employees to a public safety retirement system;
(ii) documented by written notice to the participating employer; and
(iii) is irrevocable.
Section 3. Effective date.
This bill takes effect on July 1, 2005.