H.B. 200

1

STATE RETIREMENT CONVERSION WINDOW
2 2006 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: LaWanna Lou Shurtliff
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Utah State Retirement and Insurance Benefit Act by providing a
10 conversion window between the Public Employees' Retirement System and the Public
11 Employees' Noncontributory Retirement System.
12 Highlighted Provisions:
13 This bill:
14 . provides a conversion window between the Public Employees' Retirement System
15 and the Public Employees' Noncontributory Retirement System.
16 Monies Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 This bill takes effect on July 1, 2006.
20 Utah Code Sections Affected:
21 AMENDS:
22 49-13-205, as last amended by Chapter 116, Laws of Utah 2005
23
24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 49-13-205 is amended to read:
26 49-13-205. Conversion to system -- Time schedule -- Conversion windows.
27 (1) An employee governed under Section 49-13-201 shall make the election to

28 participate in this system within six months of July 1, 1986.
29 (2) (a) (i) An employer governed under Sections 49-13-201 and 49-13-202 shall make
30 the election to participate in this system within six months of July 1, 1986.
31 (ii) The employer shall indicate whether or not it elects to participate by enacting a
32 resolution or ordinance to that effect.
33 (iii) Prior to the enactment of the resolution or ordinance, a hearing shall be held by the
34 employer, at which all employees of the political subdivision shall be given an opportunity to
35 be heard on the question of participating in this system.
36 (iv) Notice of the hearing shall be mailed to all employees within 30 days of the
37 hearing and shall contain the time, place, and purpose of the hearing.
38 (b) A regular full-time employee has six months from the date the employer elects to
39 participate in this system in which to make the election to participate in this system and
40 become eligible for service credit in this system.
41 (3) Subsections (1) and (2) shall be used to provide a second time period of conversion
42 to this system beginning July 1, 1990.
43 (4) Subsections (1) and (2) shall be used to provide a third time period of conversion to
44 this system beginning July 1, 1995.
45 (5) A member of the Contributory Retirement System who is employed by one agency
46 and who either transfers to or is reemployed by another agency shall be enrolled in the
47 Noncontributory Retirement System as of the date of employment, if the participating employer
48 has elected to participate in the Noncontributory Retirement System.
49 (6) Subsections (1) and (2) shall be used to provide a fourth time period of conversion
50 to this system beginning July 1, 2006.
51 Section 2. Effective date.
52 This bill takes effect on July 1, 2006.

Legislative Review Note
as of 1-23-06 9:52 AM

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