H.B. 163

1

PUBLIC SAFETY RETIREMENT AMENDMENTS
2 2006 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Craig A. Frank
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Utah State Retirement and Insurance Benefit Act by authorizing
10 additional public safety retirement system members to retire and continue employment
11 in the system.
12 Highlighted Provisions:
13 This bill:
14 . allows a public safety service employee who has at least 30 years of service credit in
15 the system to:
16 . retire from the system and receive an allowance;
17 . continue employment in the system; and
18 . file for the exemption for further coverage under the system; and
19 . makes technical changes.
20 Monies Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 AMENDS:
26 49-14-203, as last amended by Chapter 176, Laws of Utah 2005
27 49-15-203, as last amended by Chapter 176, Laws of Utah 2005

28
29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 49-14-203 is amended to read:
31 49-14-203. Exemption of certain employees from coverage.
32 (1) A public safety service employee [serving as the Commissioner of Public Safety, or
33 as the elected or appointed sheriff or chief of police of a public safety organization,] is
34 excluded from coverage under this system if [that] the public safety service employee:
35 (a) files a formal written request seeking exemption[.]; and
36 (b) (i) is serving as the Commissioner of Public Safety;
37 (ii) is serving as the elected or appointed sheriff or chief of police of a public safety
38 organization; or
39 (iii) has at least 30 years of service credit in the system.
40 (2) Except as provided in [Subsection] Subsections (3) and (4), the public safety
41 service employee may not continue employment with the same participating employer and
42 receive an allowance from the office based on public safety service at the same time.
43 (3) The Commissioner of Public Safety or an elected sheriff who is eligible to retire
44 under Section 49-14-401 may:
45 (a) retire from this system and receive an allowance;
46 (b) continue in the elected position; and
47 (c) file for the exemption under Subsection (1).
48 (4) A public safety service employee who has at least 30 years of service credit in the
49 system may:
50 (a) retire from this system and receive an allowance;
51 (b) continue employment in the system; and
52 (c) file for the exemption under Subsection (1).
53 Section 2. Section 49-15-203 is amended to read:
54 49-15-203. Exemption of certain employees from coverage.
55 (1) A public safety service employee [serving as the Commissioner of Public Safety, or
56 as the elected or appointed sheriff or chief of police of a public safety organization,] is
57 excluded from coverage under this system if [that] the public safety service employee:
58 (a) files a formal written request seeking exemption[.]; and

59 (b) (i) is serving as the Commissioner of Public Safety;
60 (ii) is serving as the elected or appointed sheriff or chief of police of a public safety
61 organization; or
62 (iii) has at least 30 years of service credit in the system.
63 (2) Except as provided in [Subsection] Subsections (3) and (4), the public safety
64 service employee may not continue employment with the same participating employer and
65 receive an allowance from the office based on public safety service at the same time.
66 (3) The Commissioner of Public Safety, an elected sheriff, or an appointed chief of
67 police who is eligible to retire under Section 49-15-401 may:
68 (a) retire from this system and receive an allowance;
69 (b) continue in the elected or appointed position; and
70 (c) file for the exemption under Subsection (1).
71 (4) A public safety service employee who has at least 30 years of service credit in the
72 system may:
73 (a) retire from this system and receive an allowance;
74 (b) continue employment in the system; and
75 (c) file for the exemption under Subsection (1).




Legislative Review Note
as of 11-29-05 3:22 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