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H.B. 256 Enrolled

             1     

RETIREMENT MODIFICATIONS

             2     
2012 GENERAL SESSION

             3     
STATE OF UTAH

             4     
Chief Sponsor: Don L. Ipson

             5     
Senate Sponsor: Todd Weiler

             6     
             7      LONG TITLE
             8      General Description:
             9          This bill modifies the Utah State Retirement and Insurance Benefit Act.
             10      Highlighted Provisions:
             11          This bill:
             12          .    amends definitions;
             13          .    provides that "initially entering" employment includes employees that move from a
             14      position not covered under a Utah Retirement System to a position that is covered;
             15          .    clarifies post retirement employment provisions for a retiree who returns to work
             16      within one year or who elects to earn additional service credit;
             17          .    provides that a domestic relations court order must be received within 12 months of
             18      the death of the member;
             19          .    repeals language related to presentment by a policyholder;
             20          .    amends the definition of regular full-time employee to provide that the minimum
             21      earnings required for an elective or appointive officer to be eligible for a retirement
             22      benefit under the Tier I Public Employees' Systems is based on a monthly rate, not
             23      just the first month in office;
             24          .    clarifies that an employer must be a participating employer whether or not the
             25      employer has applied for admission to the system;
             26          .    allows the executive director of the Department of Corrections to be excluded from
             27      the Public Safety Contributory Retirement System, the Public Safety
             28      Noncontributory Retirement System, and the Tier I Public Safety Noncontributory
             29      Retirement System;


             30          .    clarifies that only Tier II governors and legislators and their spouses, not all Tier II
             31      public employees, may be eligible for the governors' and legislative paid-up group
             32      health coverage;
             33          .    clarifies that Tier II firefighters, including volunteer firefighters, are covered under
             34      the URS long-term disability program;
             35          .    provides that long-term disability claims must be made within six months, rather
             36      than one year, from the employee's date of disability;
             37          .    requires an employee receiving monthly disability benefits to provide certain
             38      information and documentation requested by the office;
             39          .    provides that monthly disability benefits are reduced for payments made for sick
             40      leave, annual leave, or similar payments;
             41          .    clarifies participation requirements for employers in the Tier II systems;
             42          .    allows certain at-will employees to be exempt from the vesting requirement for the
             43      defined contribution plan in the Tier II Public Employees' Retirement System;
             44          .    allows certain public safety service employees to be exempt from the vesting
             45      requirement for the defined contribution plan in the New Public Safety and
             46      Firefighter Tier II Contributory Retirement System;
             47          .    clarifies who a participating employer must cover under the Tier II Public Safety
             48      and Firefighters Systems; and
             49          .    makes technical changes.
             50      Money Appropriated in this Bill:
             51          None
             52      Other Special Clauses:
             53          None
             54      Utah Code Sections Affected:
             55      AMENDS:
             56          49-11-102, as last amended by Laws of Utah 2011, Chapter 439
             57          49-11-505, as last amended by Laws of Utah 2011, Chapters 138 and 439


             58          49-11-612, as last amended by Laws of Utah 2010, Chapter 266
             59          49-11-616, as renumbered and amended by Laws of Utah 2002, Chapter 250
             60          49-12-102, as last amended by Laws of Utah 2008, Chapter 318
             61          49-13-102, as last amended by Laws of Utah 2008, Chapter 318
             62          49-13-202, as last amended by Laws of Utah 2010, Chapter 280
             63          49-14-203, as last amended by Laws of Utah 2010, Chapter 264
             64          49-15-203, as last amended by Laws of Utah 2010, Chapter 264
             65          49-20-404, as last amended by Laws of Utah 2011, Chapter 439
             66          49-21-201, as last amended by Laws of Utah 2010, Chapter 266
             67          49-21-401, as last amended by Laws of Utah 2011, Chapters 366 and 439
             68          49-21-402, as last amended by Laws of Utah 2011, Chapter 439
             69          49-22-202, as enacted by Laws of Utah 2010, Chapter 266
             70          49-22-401, as last amended by Laws of Utah 2011, Chapter 439
             71          49-23-202, as enacted by Laws of Utah 2010, Chapter 266
             72          49-23-401, as last amended by Laws of Utah 2011, Chapter 439
             73          49-23-601, as last amended by Laws of Utah 2011, Chapters 290 and 439
             74     
             75      Be it enacted by the Legislature of the state of Utah:
             76          Section 1. Section 49-11-102 is amended to read:
             77           49-11-102. Definitions.
             78          As used in this title:
             79          (1) (a) "Active member" means a member who is employed or who has been employed
             80      by a participating employer within the previous 120 days.
             81          (b) "Active member" does not include retirees.
             82          (2) "Actuarial equivalent" means a benefit of equal value when computed upon the
             83      basis of mortality tables as recommended by the actuary and adopted by the executive director,
             84      including regular interest.
             85          (3) "Actuarial interest rate" means the interest rate as recommended by the actuary and


             86      adopted by the board upon which the funding of system costs and benefits are computed.
             87          (4) (a) "Agency" means:
             88          (i) a department, division, agency, office, authority, commission, board, institution, or
             89      hospital of the state;
             90          (ii) a county, municipality, school district, local district, or special service district;
             91          (iii) a state college or university; or
             92          (iv) any other participating employer.
             93          (b) "Agency" does not include an entity listed under Subsection (4)(a)(i) that is a
             94      subdivision of another entity listed under Subsection (4)(a).
             95          (5) "Allowance" or "retirement allowance" means the pension plus the annuity,
             96      including any cost of living or other authorized adjustments to the pension and annuity.
             97          (6) "Alternate payee" means a member's former spouse or family member eligible to
             98      receive payments under a Domestic Relations Order in compliance with Section 49-11-612 .
             99          (7) "Amortization rate" means the board certified percent of salary required to amortize
             100      the unfunded actuarial accrued liability in accordance with policies established by the board
             101      upon the advice of the actuary.
             102          (8) "Annuity" means monthly payments derived from member contributions.
             103          (9) "Appointive officer" means an employee appointed to a position for a definite and
             104      fixed term of office by official and duly recorded action of a participating employer whose
             105      appointed position is designated in the participating employer's charter, creation document, or
             106      similar document, and:
             107          (a) who earns [during the first full month of the term of office] $500 or more per
             108      month, indexed as of January 1, 1990, as provided in Section 49-12-407 for a Tier I appointive
             109      officer; and
             110          (b) whose appointive position is full-time as certified by the participating employer for
             111      a Tier II appointive officer.
             112          (10) (a) "At-will employee" means a person who is employed by a participating
             113      employer and:


             114          (i) who is not entitled to merit or civil service protection and is generally considered
             115      exempt from a participating employer's merit or career service personnel systems;
             116          (ii) whose on-going employment status is entirely at the discretion of the person's
             117      employer; or
             118          (iii) who may be terminated without cause by a designated supervisor, manager, or
             119      director.
             120          (b) "At-will employee" does not include a career employee who has obtained a
             121      reasonable expectation of continued employment based on inclusion in a participating
             122      employer's merit system, civil service protection system, or career service personnel systems,
             123      policies, or plans.
             124          (11) "Beneficiary" means any person entitled to receive a payment under this title
             125      through a relationship with or designated by a member, participant, covered individual, or
             126      alternate payee of a defined contribution plan.
             127          (12) "Board" means the Utah State Retirement Board established under Section
             128      49-11-202 .
             129          (13) "Board member" means a person serving on the Utah State Retirement Board as
             130      established under Section 49-11-202 .
             131          (14) "Certified contribution rate" means the board certified percent of salary paid on
             132      behalf of an active member to the office to maintain the system on a financially and actuarially
             133      sound basis.
             134          (15) "Contributions" means the total amount paid by the participating employer and the
             135      member into a system or to the Utah Governors' and Legislators' Retirement Plan under
             136      Chapter 19, Utah Governors' and Legislators' Retirement Act.
             137          (16) "Council member" means a person serving on the Membership Council
             138      established under Section 49-11-202 .
             139          (17) "Covered individual" means any individual covered under Chapter 20, Public
             140      Employees' Benefit and Insurance Program Act.
             141          (18) "Current service" means covered service as defined in Chapters 12, 13, 14, 15, 16,


             142      17, 18, and 19.
             143          (19) "Defined benefit" or "defined benefit plan" or "defined benefit system" means a
             144      system or plan offered under this title to provide a specified allowance to a retiree or a retiree's
             145      spouse after retirement that is based on a set formula involving one or more of the following
             146      factors:
             147          (a) years of service;
             148          (b) final average monthly salary; or
             149          (c) a retirement multiplier.
             150          (20) "Defined contribution" or "defined contribution plan" means any defined
             151      contribution plan or deferred compensation plan authorized under the Internal Revenue Code
             152      and administered by the board.
             153          (21) "Educational institution" means a political subdivision or instrumentality of the
             154      state or a combination thereof primarily engaged in educational activities or the administration
             155      or servicing of educational activities, including:
             156          (a) the State Board of Education and its instrumentalities;
             157          (b) any institution of higher education and its branches;
             158          (c) any school district and its instrumentalities;
             159          (d) any vocational and technical school; and
             160          (e) any entity arising out of a consolidation agreement between entities described under
             161      this Subsection (21).
             162          (22) "Elected official":
             163          (a) means a person elected to a state office, county office, municipal office, school
             164      board or school district office, local district office, or special service district office;
             165          (b) includes a person who is appointed to serve an unexpired term of office described
             166      under Subsection (22)(a); and
             167          (c) does not include a judge or justice who is subject to a retention election under
             168      Section 20A-12-201 .
             169          (23) (a) "Employer" means any department, educational institution, or political


             170      subdivision of the state eligible to participate in a government-sponsored retirement system
             171      under federal law.
             172          (b) "Employer" may also include an agency financed in whole or in part by public
             173      funds.
             174          (24) "Exempt employee" means an employee working for a participating employer:
             175          (a) who is not eligible for service credit under Section 49-12-203 , 49-13-203 ,
             176      49-14-203 , 49-15-203 , or 49-16-203 ; and
             177          (b) for whom a participating employer is not required to pay contributions or
             178      nonelective contributions.
             179          (25) "Final average monthly salary" means the amount computed by dividing the
             180      compensation received during the final average salary period under each system by the number
             181      of months in the final average salary period.
             182          (26) "Fund" means any fund created under this title for the purpose of paying benefits
             183      or costs of administering a system, plan, or program.
             184          (27) (a) "Inactive member" means a member who has not been employed by a
             185      participating employer for a period of at least 120 days.
             186          (b) "Inactive member" does not include retirees.
             187          (28) (a) "Initially entering" means hired, appointed, or elected for the first time, in
             188      current service as a member with any participating employer.
             189          (b) "Initially entering" does not include a person who has any prior service credit on
             190      file with the office.
             191          (c) "Initially entering" includes an employee of a participating employer, except for an
             192      employee that is not eligible under a system or plan under this title, who:
             193          (i) does not have any prior service credit on file with the office;
             194          (ii) is covered by a retirement plan other than a retirement plan created under this title;
             195      and
             196          (iii) moves to a position with a participating employer that is covered by this title.
             197          (29) (a) "Member" means a person, except a retiree, with contributions on deposit with


             198      a system, the Utah Governors' and Legislators' Retirement Plan under Chapter 19, Utah
             199      Governors' and Legislators' Retirement Act, or with a terminated system.
             200          (b) "Member" also includes leased employees within the meaning of Section 414(n)(2)
             201      of the Internal Revenue Code, if the employees have contributions on deposit with the office.
             202      If leased employees constitute less than 20% of the participating employer's work force that is
             203      not highly compensated within the meaning of Section 414(n)(5)(c)(ii), Internal Revenue Code,
             204      "member" does not include leased employees covered by a plan described in Section 414(n)(5)
             205      of the federal Internal Revenue Code.
             206          (30) "Member contributions" means the sum of the contributions paid to a system or
             207      the Utah Governors' and Legislators' Retirement Plan, including refund interest if allowed by a
             208      system, and which are made by:
             209          (a) the member; and
             210          (b) the participating employer on the member's behalf under Section 414(h) of the
             211      Internal Revenue Code.
             212          (31) "Nonelective contribution" means an amount contributed by a participating
             213      employer into a participant's defined contribution account.
             214          (32) "Normal cost rate":
             215          (a) means the percent of salary that is necessary for a retirement system that is fully
             216      funded to maintain its fully funded status; and
             217          (b) is determined by the actuary based on the assumed rate of return established by the
             218      board.
             219          (33) "Office" means the Utah State Retirement Office.
             220          (34) "Participant" means an individual with voluntary deferrals or nonelective
             221      contributions on deposit with the defined contribution plans administered under this title.
             222          (35) "Participating employer" means a participating employer, as defined by Chapter
             223      12, Public Employees' Contributory Retirement Act, Chapter 13, Public Employees'
             224      Noncontributory Retirement Act, Chapter 14, Public Safety Contributory Retirement Act,
             225      Chapter 15, Public Safety Noncontributory Retirement Act, Chapter 16, Firefighters'


             226      Retirement Act, Chapter 17, Judges' Contributory Retirement Act, and Chapter 18, Judges'
             227      Noncontributory Retirement Act, or an agency financed in whole or in part by public funds
             228      which is participating in a system or plan as of January 1, 2002.
             229          (36) "Pension" means monthly payments derived from participating employer
             230      contributions.
             231          (37) "Plan" means the Utah Governors' and Legislators' Retirement Plan created by
             232      Chapter 19, Utah Governors' and Legislators' Retirement Act, the New Public Employees' Tier
             233      II Defined Contribution Plan created by Chapter 22, Part 4, Tier II Defined Contribution Plan,
             234      the New Public Safety and Firefighter Tier II Defined Contribution Plan created by Chapter 23,
             235      Part 4, Tier II Defined Contribution Plan, or the defined contribution plans created under
             236      Section 49-11-801 .
             237          (38) (a) "Political subdivision" means any local government entity, including cities,
             238      towns, counties, and school districts, but only if the subdivision is a juristic entity that is legally
             239      separate and distinct from the state and only if its employees are not by virtue of their
             240      relationship to the entity employees of the state.
             241          (b) "Political subdivision" includes local districts, special service districts, or
             242      authorities created by the Legislature or by local governments, including the office.
             243          (c) "Political subdivision" does not include a project entity created under Title 11,
             244      Chapter 13, Interlocal Cooperation Act, that was formed prior to July 1, 1987.
             245          (39) "Program" means the Public Employees' Insurance Program created under Chapter
             246      20, Public Employees' Benefit and Insurance Program Act, or the Public Employees'
             247      Long-Term Disability program created under Chapter 21, Public Employees' Long-Term
             248      Disability Act.
             249          (40) "Public funds" means those funds derived, either directly or indirectly, from public
             250      taxes or public revenue, dues or contributions paid or donated by the membership of the
             251      organization, used to finance an activity whose objective is to improve, on a nonprofit basis,
             252      the governmental, educational, and social programs and systems of the state or its political
             253      subdivisions.


             254          (41) "Qualified defined contribution plan" means a defined contribution plan that
             255      meets the requirements of Section 401(k) or Section 403(b) of the Internal Revenue Code.
             256          (42) (a) "Reemployed," "reemploy," or "reemployment" means work or service
             257      performed after retirement, in exchange for compensation.
             258          (b) Reemployment includes work or service performed on a contract if the retiree is:
             259          (i) listed as the contractor; or
             260          (ii) an owner, partner, or principle of the contractor.
             261          (43) "Refund interest" means the amount accrued on member contributions at a rate
             262      adopted by the board.
             263          (44) "Retiree" means an individual who has qualified for an allowance under this title.
             264          (45) "Retirement" means the status of an individual who has become eligible, applies
             265      for, and is entitled to receive an allowance under this title.
             266          (46) "Retirement date" means the date selected by the member on which the member's
             267      retirement becomes effective with the office.
             268          (47) "Retirement related contribution":
             269          (a) means any employer payment to any type of retirement plan or program made on
             270      behalf of an employee; and
             271          (b) does not include Social Security payments or Social Security substitute payments
             272      made on behalf of an employee.
             273          (48) "Service credit" means:
             274          (a) the period during which an employee is employed and compensated by a
             275      participating employer and meets the eligibility requirements for membership in a system or the
             276      Utah Governors' and Legislators' Retirement Plan, provided that any required contributions are
             277      paid to the office; and
             278          (b) periods of time otherwise purchasable under this title.
             279          (49) "System" means the individual retirement systems created by Chapter 12, Public
             280      Employees' Contributory Retirement Act, Chapter 13, Public Employees' Noncontributory
             281      Retirement Act, Chapter 14, Public Safety Contributory Retirement Act, Chapter 15, Public


             282      Safety Noncontributory Retirement Act, Chapter 16, Firefighters' Retirement Act, Chapter 17,
             283      Judges' Contributory Retirement Act, Chapter 18, Judges' Noncontributory Retirement Act, and
             284      Chapter 19, Utah Governors' and Legislators' Retirement Act, the defined benefit portion of the
             285      Tier II Hybrid Retirement System under Chapter 22, Part 3, Tier II Hybrid Retirement System,
             286      and the defined benefit portion of the Tier II Hybrid Retirement System under Chapter 23, Part
             287      3, Tier II Hybrid Retirement System.
             288          (50) "Tier I" means a system or plan under this title for which an employee is eligible
             289      to participate if the employee initially enters regular full-time employment before July 1, 2011.
             290          (51) (a) "Tier II" means a system or plan under this title provided in lieu of a Tier I
             291      system or plan for which an employee is eligible to participate, if the employee initially enters
             292      regular full-time employment on or after July 1, 2011.
             293          (b) "Tier II" includes:
             294          (i) the Tier II hybrid system established under:
             295          (A) Chapter 22, Part 3, Tier II Hybrid Retirement System; or
             296          (B) Chapter 23, Part 3, Tier II Hybrid Retirement System; and
             297          (ii) the Tier II Defined Contribution Plan (Tier II DC Plan) established under:
             298          (A) Chapter 22, Part 4, Tier II Defined Contribution Plan; or
             299          (B) Chapter 23, Part 4, Tier II Defined Contribution Plan.
             300          (52) "Unfunded actuarial accrued liability" or "UAAL":
             301          (a) is determined by the system's actuary; and
             302          (b) means the excess, if any, of the accrued liability of a retirement system over the
             303      actuarial value of its assets.
             304          (53) "Voluntary deferrals" means an amount contributed by a participant into that
             305      participant's defined contribution account.
             306          Section 2. Section 49-11-505 is amended to read:
             307           49-11-505. Reemployment of a retiree -- Restrictions.
             308          (1) (a) For purposes of this section, "retiree":
             309          (i) means a person who:


             310          (A) retired from a participating employer; and
             311          (B) begins reemployment on or after July 1, 2010, with a participating employer; [and]
             312          (ii) does not include a person:
             313          (A) who was reemployed by a participating employer before July 1, 2010; and
             314          (B) whose participating employer that reemployed the person under Subsection
             315      (1)(a)(ii)(A) was dissolved, consolidated, merged, or structurally changed in accordance with
             316      Section 49-11-621 after July 1, 2010; and
             317          [(ii)] (iii) does not include a [retiree] person who is reemployed as an active senior
             318      judge appointed to hear cases by the Utah Supreme Court in accordance with Article VIII,
             319      Section 4, Utah Constitution.
             320          (b) (i) This section does not apply to employment as an elected official if the elected
             321      official's position is not full-time as certified by the participating employer.
             322          (ii) The provisions of this section apply to an elected official whose elected position is
             323      full-time as certified by the participating employer.
             324          (2) A retiree may not for the same period of reemployment:
             325          (a) (i) earn additional service credit; or
             326          (ii) receive any retirement related contribution from a participating employer; and
             327          (b) receive a retirement allowance.
             328          (3) (a) Except as provided under Subsection (3)(b), the office shall cancel the
             329      retirement allowance of a retiree if the reemployment with a participating employer begins
             330      within one year of the retiree's retirement date.
             331          (b) The office may not cancel the retirement allowance of a retiree who is reemployed
             332      with a participating employer within one year of the retiree's retirement date if:
             333          (i) the retiree is not reemployed by a participating employer for a period of at least 60
             334      days from the retiree's retirement date;
             335          (ii) upon reemployment after the break in service under Subsection (3)(b)(i), the retiree
             336      does not receive any employer provided benefits, including:
             337          (A) medical benefits;


             338          (B) dental benefits;
             339          (C) other insurance benefits except for workers' compensation as provided under Title
             340      34A, Chapter 2, Workers' Compensation Act and withholdings required by federal or state law
             341      for Social Security, Medicare, and unemployment insurance; or
             342          (D) paid time off, including sick, annual, or other type of leave; and
             343          (iii) the retiree does not earn in any calendar year of reemployment an amount in excess
             344      of the lesser of:
             345          (A) $15,000; or
             346          (B) one-half of the retiree's final average salary upon which the retiree's retirement
             347      allowance is based.
             348          (c) Beginning January 1, 2013, the board shall adjust the amount under Subsection
             349      (3)(b)(iii)(A) by the annual change in the Consumer Price Index during the previous calendar
             350      year as measured by a United States Bureau of Labor Statistics Consumer Price Index average
             351      as determined by the board.
             352          (d) The office shall cancel the retirement allowance of a retiree for the remainder of the
             353      calendar year if the reemployment with a participating employer exceeds the limitations under
             354      Subsection (3)(b)(iii).
             355          (e) If a retiree is reemployed under the provisions of (3)(b), the termination date of the
             356      reemployment, as confirmed in writing by the participating employer, is considered the retiree's
             357      retirement date for the purpose of calculating the separation requirement under Subsection
             358      (3)(a).
             359          (4) If a reemployed retiree is not subject to Subsection (3)(a), the retiree may elect to:
             360          (a) earn additional service credit in accordance with this title and cancel the retiree's
             361      retirement allowance; or
             362          (b) continue to receive the retiree's retirement allowance and forfeit any retirement
             363      related contribution from the participating employer who reemployed the retiree.
             364          (5) If a retiree makes an election under Subsection (4)(b) to continue to receive a
             365      retirement allowance while reemployed, the participating employer shall contribute to the


             366      office the amortization rate, as defined in Section 49-11-102 , to be applied to the system that
             367      would have covered the retiree.
             368          (6) (a) A participating employer shall immediately notify the office:
             369          (i) if the participating employer reemploys a retiree;
             370          (ii) whether the reemployment is subject to Subsection (3) or (4) of this section; and
             371          (iii) of any election by the retiree under Subsection (4).
             372          (b) A participating employer shall certify to the office whether the position of an
             373      elected official is or is not full-time.
             374          (c) A participating employer is liable to the office for a payment or failure to make a
             375      payment in violation of this section.
             376          (d) If a participating employer fails to notify the office in accordance with this section,
             377      the participating employer is immediately subject to a compliance audit by the office.
             378          (7) (a) The office shall immediately cancel the retirement allowance of a retiree in
             379      accordance with Subsection (7)(b) if the office receives notice or learns of:
             380          (i) the reemployment of a retiree in violation of Subsection (3); or
             381          (ii) the election of a reemployed retiree under Subsection (4)(a).
             382          (b) [The] If the retiree is eligible for retirement coverage in the reemployed position,
             383      the office shall cancel the allowance of a retiree subject to Subsection (7)(a), and reinstate the
             384      retiree to active member status on the first day of the month following the date of:
             385          (i) reemployment if the retiree is subject to Subsection (3); or
             386          (ii) an election by an employee under Subsection (4)(a).
             387          (c) If the retiree is not otherwise eligible for retirement coverage in the reemployed
             388      position:
             389          (i) the office shall cancel the allowance of a retiree subject to Subsection (7)(a)(i); and
             390          (ii) the participating employer shall pay the amortization rate to the office on behalf of
             391      the retiree.
             392          (8) (a) A retiree subject to Subsection (7)(b) who retires within two years from the date
             393      of reemployment:


             394          (i) is not entitled to a recalculated retirement benefit; and
             395          (ii) will resume the allowance that was being paid at the time of cancellation.
             396          (b) Subject to Subsection (2), a retiree who is re-instated to active membership under
             397      Subsection (7) and who retires two or more years after the date of re-instatement to active
             398      membership shall:
             399          (i) resume receiving the allowance that was being paid at the time of cancellation; and
             400          (ii) receive an additional allowance based on the formula in effect at the date of the
             401      subsequent retirement for all service credit accrued between the first and subsequent retirement
             402      dates.
             403          (9) (a) A retiree subject to this section shall report to the office the status of the
             404      reemployment under Subsection (3) or (4).
             405          (b) If the retiree fails to inform the office of an election under Subsection (9)(a), the
             406      office shall withhold one month's benefit for each month the retiree fails to inform the office
             407      under Subsection (9)(a).
             408          (10) The board may make rules to implement this section.
             409          Section 3. Section 49-11-612 is amended to read:
             410           49-11-612. Domestic relations order benefits -- Nonassignability of benefits or
             411      payments -- Exemption from legal process.
             412          (1) As used in this section, "domestic relations order benefits" means:
             413          (a) an allowance;
             414          (b) a defined contribution account established under:
             415          (i) [Chapter 11,] Part 8, Defined Contribution Plans;
             416          (ii) Chapter 22, New Public Employees' Tier II Contributory Retirement Act; or
             417          (iii) Chapter 23, New Public Safety and Firefighter Tier II Contributory Retirement
             418      Act;
             419          (c) a continuing monthly death benefit established under:
             420          (i) Chapter 14, Part 5, Death Benefit;
             421          (ii) Chapter 15, Part 5, Death Benefit;


             422          (iii) Chapter 16, Part 5, Death Benefit;
             423          (iv) Chapter 17, Part 5, Death Benefit;
             424          (v) Chapter 18, Part 5, Death Benefit; or
             425          (vi) Chapter 19, Part 5, Death Benefit;
             426          (d) a death benefit provided under a group insurance policy under:
             427          (i) Chapter 12, Part 5, Death Benefit;
             428          (ii) Chapter 13, Part 5, Death Benefit;
             429          (iii) Chapter 22, Part 5, Death Benefit; or
             430          (iv) Chapter 23, Part 5, Death Benefit; or
             431          (e) a refund of member contributions upon termination.
             432          (2) Except as provided in Subsections (3), (4), and (5), the right of any member, retiree,
             433      participant, covered individual, or beneficiary to any retirement benefit, retirement payment, or
             434      any other retirement right accrued or accruing under this title and the assets of the funds created
             435      by this title are not subject to alienation or assignment by the member, retiree, participant, or
             436      their beneficiaries and are not subject to attachment, execution, garnishment, or any other legal
             437      or equitable process.
             438          (3) The office may, upon the request of the retiree, deduct from the retiree's allowance
             439      insurance premiums or other dues payable on behalf of the retiree, but only to those entities
             440      that have received the deductions prior to February 1, 2002.
             441          (4) (a) The office shall provide for the division of domestic relations order benefits
             442      with former spouses and family members under an order of a court of competent jurisdiction
             443      with respect to domestic relations matters on file with the office.
             444          (b) The court order shall specify the manner in which the domestic relations order
             445      benefits shall be partitioned, whether as a fixed amount or as a percentage of the benefit.
             446          (c) Domestic relations order benefits split under a domestic relations order are subject
             447      to the following:
             448          (i) the amount to be paid or the period for which payments shall be made under the
             449      original domestic relations order may not be altered if the alteration affects the actuarial


             450      calculation of the allowance;
             451          (ii) payments to an alternate payee shall begin at the time the member or beneficiary
             452      begins receiving payments; and
             453          (iii) the alternate payee shall receive payments in the same form as allowances received
             454      by the member or beneficiary.
             455          (d) [A] To be valid, a court order under this section [may not be issued more than]
             456      must be received by the office within 12 months [after] of the death of the member.
             457          (5) In accordance with federal law, the board may deduct the required amount from any
             458      benefit, payment, or other right accrued or accruing to any member or beneficiary of a system,
             459      plan, or program under this title to offset any amount that member or beneficiary owes to a
             460      system, plan, or program administered by the board.
             461          (6) The board shall make rules to implement this section.
             462          Section 4. Section 49-11-616 is amended to read:
             463           49-11-616. Benefits information.
             464          (1) The office shall provide written general information to each participating employer
             465      concerning benefits available under this title.
             466          (2) (a) A participating employer shall provide the information under Subsection (1) to
             467      each eligible employee immediately upon:
             468          (i) termination of service;
             469          (ii) leave of absence;
             470          (iii) commencement of long-term disability benefits; or
             471          (iv) retirement.
             472          (b) (i) Each participating employer shall maintain the records necessary to demonstrate
             473      that each employee has received the information outlined in Subsection (1).
             474          (ii) The records shall be made available to the office upon request.
             475          (3) (a) The office shall provide each participating employer with a form to be signed by
             476      each employee which verifies that the employee has been given the information required by
             477      this section.


             478          (b) A copy of the signed form shall be immediately forwarded to the office by the
             479      participating employer or the employee.
             480          [(4) The dissemination of information to the employer by the office under this section
             481      constitutes presentment by the policyholder under Title 31A, Chapter 22, Contracts in Specific
             482      Lines, and other law.]
             483          Section 5. Section 49-12-102 is amended to read:
             484           49-12-102. Definitions.
             485          As used in this chapter:
             486          (1) (a) Except as provided in Subsection (1)(c), "compensation" means the total
             487      amount of payments made by a participating employer to a member of this system for services
             488      rendered to the participating employer, including:
             489          (i) bonuses;
             490          (ii) cost-of-living adjustments;
             491          (iii) other payments currently includable in gross income and that are subject to Social
             492      Security deductions, including any payments in excess of the maximum amount subject to
             493      deduction under Social Security law;
             494          (iv) amounts that the member authorizes to be deducted or reduced for salary deferral
             495      or other benefits authorized by federal law; and
             496          (v) member contributions.
             497          (b) "Compensation" for purposes of this chapter may not exceed the amount allowed
             498      under Internal Revenue Code, Section 401(a)(17).
             499          (c) "Compensation" does not include:
             500          (i) the monetary value of remuneration paid in kind, including a residence or use of
             501      equipment;
             502          (ii) the cost of any employment benefits paid for by the participating employer;
             503          (iii) compensation paid to a temporary employee, an exempt employee, or an employee
             504      otherwise ineligible for service credit;
             505          (iv) any payments upon termination, including accumulated vacation, sick leave


             506      payments, severance payments, compensatory time payments, or any other special payments; or
             507          (v) any allowances or payments to a member for costs or expenses paid by the
             508      participating employer, including automobile costs, uniform costs, travel costs, tuition costs,
             509      housing costs, insurance costs, equipment costs, and dependent care costs.
             510          (d) The executive director may determine if a payment not listed under this Subsection
             511      (1) falls within the definition of compensation.
             512          (2) "Final average salary" means the amount computed by averaging the highest five
             513      years of annual compensation preceding retirement subject to Subsections (2)(a), (b), (c), and
             514      (d).
             515          (a) Except as provided in Subsection (2)(b), the percentage increase in annual
             516      compensation in any one of the years used may not exceed the previous year's compensation by
             517      more than 10% plus a cost-of-living adjustment equal to the decrease in the purchasing power
             518      of the dollar during the previous year, as measured by a United States Bureau of Labor
             519      Statistics Consumer Price Index average as determined by the board.
             520          (b) In cases where the participating employer provides acceptable documentation to the
             521      office, the limitation in Subsection (2)(a) may be exceeded if:
             522          (i) the member has transferred from another agency; or
             523          (ii) the member has been promoted to a new position.
             524          (c) If the member retires more than six months from the date of termination of
             525      employment, the member is considered to have been in service at the member's last rate of pay
             526      from the date of the termination of employment to the effective date of retirement for purposes
             527      of computing the member's final average salary only.
             528          (d) If the member has less than five years of service credit in this system, final average
             529      salary means the average annual compensation paid to the member during the full period of
             530      service credit.
             531          (3) "Participating employer" means an employer which meets the participation
             532      requirements of Sections 49-12-201 and 49-12-202 .
             533          (4) (a) "Regular full-time employee" means an employee whose term of employment


             534      for a participating employer contemplates continued employment during a fiscal or calendar
             535      year and whose employment normally requires an average of 20 hours or more per week,
             536      except as modified by the board, and who receives benefits normally provided by the
             537      participating employer.
             538          (b) "Regular full-time employee" includes:
             539          (i) a teacher whose term of employment for a participating employer contemplates
             540      continued employment during a school year and who teaches half-time or more;
             541          (ii) a classified school employee whose employment normally requires an average of
             542      20 hours per week or more for a participating employer, regardless of benefits provided;
             543          (iii) an officer, elective or appointive, who earns [during the first full month of the term
             544      of office] $500 or more per month, indexed as of January 1, 1990, as provided in Section
             545      49-12-407 ;
             546          (iv) a faculty member or employee of an institution of higher education who is
             547      considered full-time by that institution of higher education; and
             548          (v) an individual who otherwise meets the definition of this Subsection (4) who
             549      performs services for a participating employer through a professional employer organization or
             550      similar arrangement.
             551          (5) "System" means the Public Employees' Contributory Retirement System created
             552      under this chapter.
             553          (6) "Years of service credit" means:
             554          (a) a period, consisting of 12 full months as determined by the board;
             555          (b) a period determined by the board, whether consecutive or not, during which a
             556      regular full-time employee performed services for a participating employer, including any time
             557      the regular full-time employee was absent on a paid leave of absence granted by a participating
             558      employer or was absent in the service of the United States government on military duty as
             559      provided by this chapter; or
             560          (c) the regular school year consisting of not less than eight months of full-time service
             561      for a regular full-time employee of an educational institution.


             562          Section 6. Section 49-13-102 is amended to read:
             563           49-13-102. Definitions.
             564          As used in this chapter:
             565          (1) (a) Except as provided in Subsection (1)(c), "compensation" means the total
             566      amount of payments made by a participating employer to a member of this system for services
             567      rendered to the participating employer, including:
             568          (i) bonuses;
             569          (ii) cost-of-living adjustments;
             570          (iii) other payments currently includable in gross income and that are subject to Social
             571      Security deductions, including any payments in excess of the maximum amount subject to
             572      deduction under Social Security law; and
             573          (iv) amounts that the member authorizes to be deducted or reduced for salary deferral
             574      or other benefits authorized by federal law.
             575          (b) "Compensation" for purposes of this chapter may not exceed the amount allowed
             576      under Internal Revenue Code, Section 401(a)(17).
             577          (c) "Compensation" does not include:
             578          (i) the monetary value of remuneration paid in kind, including a residence or use of
             579      equipment;
             580          (ii) the cost of any employment benefits paid for by the participating employer;
             581          (iii) compensation paid to a temporary employee, an exempt employee, or an employee
             582      otherwise ineligible for service credit;
             583          (iv) any payments upon termination, including accumulated vacation, sick leave
             584      payments, severance payments, compensatory time payments, or any other special payments; or
             585          (v) any allowances or payments to a member for costs or expenses paid by the
             586      participating employer, including automobile costs, uniform costs, travel costs, tuition costs,
             587      housing costs, insurance costs, equipment costs, and dependent care costs.
             588          (d) The executive director may determine if a payment not listed under this Subsection
             589      (1) falls within the definition of compensation.


             590          (2) "Final average salary" means the amount computed by averaging the highest three
             591      years of annual compensation preceding retirement subject to the following:
             592          (a) Except as provided in Subsection (2)(b), the percentage increase in annual
             593      compensation in any one of the years used may not exceed the previous year's compensation by
             594      more than 10% plus a cost-of-living adjustment equal to the decrease in the purchasing power
             595      of the dollar during the previous year, as measured by a United States Bureau of Labor
             596      Statistics Consumer Price Index average as determined by the board.
             597          (b) In cases where the participating employer provides acceptable documentation to the
             598      office, the limitation in Subsection (2)(a) may be exceeded if:
             599          (i) the member has transferred from another agency; or
             600          (ii) the member has been promoted to a new position.
             601          (c) If the member retires more than six months from the date of termination of
             602      employment and for purposes of computing the member's final average salary only, the
             603      member is considered to have been in service at his last rate of pay from the date of the
             604      termination of employment to the effective date of retirement.
             605          (3) "Participating employer" means an employer which meets the participation
             606      requirements of Sections 49-13-201 and 49-13-202 .
             607          (4) (a) "Regular full-time employee" means an employee whose term of employment
             608      for a participating employer contemplates continued employment during a fiscal or calendar
             609      year and whose employment normally requires an average of 20 hours or more per week,
             610      except as modified by the board, and who receives benefits normally provided by the
             611      participating employer.
             612          (b) "Regular full-time employee" includes:
             613          (i) a teacher whose term of employment for a participating employer contemplates
             614      continued employment during a school year and who teaches half-time or more;
             615          (ii) a classified school employee whose employment normally requires an average of
             616      20 hours per week or more for a participating employer, regardless of benefits provided;
             617          (iii) an officer, elective or appointive, who earns [during the first full month of the term


             618      of office] $500 or more per month, indexed as of January 1, 1990, as provided in Section
             619      49-13-407 ;
             620          (iv) a faculty member or employee of an institution of higher education who is
             621      considered full-time by that institution of higher education; and
             622          (v) an individual who otherwise meets the definition of this Subsection (4) who
             623      performs services for a participating employer through a professional employer organization or
             624      similar arrangement.
             625          (5) "System" means the Public Employees' Noncontributory Retirement System.
             626          (6) "Years of service credit" means:
             627          (a) a period, consisting of 12 full months as determined by the board;
             628          (b) a period determined by the board, whether consecutive or not, during which a
             629      regular full-time employee performed services for a participating employer, including any time
             630      the regular full-time employee was absent on a paid leave of absence granted by a participating
             631      employer or was absent in the service of the United States government on military duty as
             632      provided by this chapter; or
             633          (c) the regular school year consisting of not less than eight months of full-time service
             634      for a regular full-time employee of an educational institution.
             635          Section 7. Section 49-13-202 is amended to read:
             636           49-13-202. Participation of employers -- Limitations -- Exclusions -- Admission
             637      requirements -- Nondiscrimination requirements -- Service credit purchases.
             638          (1) (a) Unless excluded under Subsection (2), an employer is a participating employer
             639      and may not withdraw from participation in this system.
             640          (b) In addition to their participation in this system, participating employers may
             641      provide or participate in any additional public or private retirement, supplemental or defined
             642      contribution plan, either directly or indirectly, for their employees.
             643          (2) The following employers may be excluded from participation in this system:
             644          (a) an employer not initially admitted or included as a participating employer in this
             645      system before January 1, 1982, if:


             646          (i) the employer elects not to provide or participate in any type of private or public
             647      retirement, supplemental or defined contribution plan, either directly or indirectly, for its
             648      employees, except for Social Security; or
             649          (ii) the employer offers another collectively bargained retirement benefit and has
             650      continued to do so on an uninterrupted basis since that date;
             651          (b) an employer that is a charter school sponsored by the State Board of Education or a
             652      school district that makes an election of nonparticipation in accordance with Section
             653      53A-1a-512 unless the charter school makes a one-time, irrevocable retraction of the election
             654      of nonparticipation in accordance with Subsection 53A-1a-512 (9);
             655          (c) an employer that is a hospital created as a special service district under Title 17D,
             656      Chapter 1, Special Service District Act, that makes an election of nonparticipation in
             657      accordance with Subsection (5); or
             658          (d) an employer that is a risk management association initially created by interlocal
             659      agreement before 1986 for the purpose of implementing a self-insurance joint protection
             660      program for the benefit of member municipalities of the association.
             661          (3) If an employer that may be excluded under Subsection (2)(a)(i) elects at any time to
             662      provide or participate in any type of public or private retirement, supplemental or defined
             663      contribution plan, either directly or indirectly, except for Social Security, the employer shall be
             664      a participating employer in this system regardless of whether the employer has applied for
             665      admission under Subsection (4).
             666          (4) (a) An employer may, by resolution of its governing body, apply for admission to
             667      this system.
             668          (b) Upon approval of the resolution by the board, the employer is a participating
             669      employer in this system and is subject to this title.
             670          (5) (a) (i) Until June 30, 2009, a employer that is a hospital created as a special service
             671      district under Title 17D, Chapter 1, Special Service District Act, may make an election of
             672      nonparticipation as an employer for retirement programs under this chapter.
             673          (ii) On or before July 1, 2010, an employer described in Subsection (2)(d) may make


             674      an election of nonparticipation as an employer for retirement programs under this chapter.
             675          (b) An election provided under Subsection (5)(a):
             676          (i) is a one-time election made no later than the time specified under Subsection (5)(a);
             677          (ii) shall be documented by a resolution adopted by the governing body of the
             678      employer;
             679          (iii) is irrevocable; and
             680          (iv) applies to the employer described in Subsection (5)(a) and to all employees of that
             681      employer.
             682          (c) The employer making an election under Subsection (5)(a) may offer employee
             683      benefit plans for its employees:
             684          (i) under Title 49, Chapter 20, Public Employees' Benefit and Insurance Program Act;
             685      or
             686          (ii) under any other program.
             687          (6) If a participating employer purchases service credit on behalf of regular full-time
             688      employees for service rendered prior to the participating employer's admission to this system,
             689      the service credit shall be purchased in a nondiscriminatory manner on behalf of all current and
             690      former regular full-time employees who were eligible for service credit at the time service was
             691      rendered.
             692          Section 8. Section 49-14-203 is amended to read:
             693           49-14-203. Exemption of certain employees from coverage.
             694          (1) A public safety service employee is excluded from coverage under this system if
             695      the employee:
             696          (a) is serving:
             697          (i) as the Commissioner of Public Safety[, or];
             698          (ii) as the executive director of the Department of Corrections; or
             699          (iii) as the elected or appointed sheriff or chief of police of a public safety
             700      organization[, is excluded from coverage under this system if that public safety service
             701      employee]; and


             702          (b) files a formal written request seeking the exemption.
             703          (2) Except as provided in Subsection (3), the public safety service employee may not
             704      continue employment with the same participating employer and receive an allowance from the
             705      office based on public safety service at the same time.
             706          (3) (a) The Commissioner of Public Safety or an elected sheriff who is eligible to retire
             707      under Section 49-14-401 may until July 1, 2010:
             708          (i) retire from this system and receive an allowance;
             709          (ii) continue in the elected or appointed position; and
             710          (iii) file for the exemption under Subsection (1).
             711          (b) A person who makes an election under Subsection (3)(a) may continue under the
             712      terms of the election.
             713          Section 9. Section 49-15-203 is amended to read:
             714           49-15-203. Exemption of certain employees from coverage.
             715          (1) A public safety service employee is excluded from coverage under this system if
             716      the employee:
             717          (a) is serving:
             718          (i) as the Commissioner of Public Safety[, or];
             719          (ii) as the executive director of the Department of Corrections; or
             720          (iii) as the elected or appointed sheriff or chief of police of a public safety
             721      organization[, is excluded from coverage under this system if that public safety service
             722      employee]; and
             723          (b) files a formal written request seeking the exemption.
             724          (2) Except as provided in Subsection (3), the public safety service employee may not
             725      continue employment with the same participating employer and receive an allowance from the
             726      office based on public safety service at the same time.
             727          (3) (a) The Commissioner of Public Safety, an elected sheriff, or an appointed chief of
             728      police who is eligible to retire under Section 49-15-401 may until July 1, 2010:
             729          (i) retire from this system and receive an allowance;


             730          (ii) continue in the elected or appointed position; and
             731          (iii) file for the exemption under Subsection (1).
             732          (b) A person who makes an election under Subsection (3)(a) may continue under the
             733      terms of the election.
             734          Section 10. Section 49-20-404 is amended to read:
             735           49-20-404. Governors' and legislative benefit.
             736          (1) The state shall pay the percentage described in Subsection (3) of the cost of
             737      providing paid-up group health coverage policy for members and their surviving spouses
             738      covered under Chapter 19, Utah Governors' and Legislators' Retirement Act, or governors and
             739      legislators, as defined in Section 49-19-102 , and their surviving spouses covered under Chapter
             740      22, New Public Employees' Tier II Contributory Retirement Act, who:
             741          (a) retire after January 1, 1998;
             742          (b) are at least 62 but less than 65 years of age;
             743          (c) elect to receive and apply for this benefit to the program; and
             744          (d) are active members at the time of retirement or have continued coverage with the
             745      program until the date of eligibility for the benefit under this Subsection (1).
             746          (2) The state shall pay the percentage described in Subsection (3) of the cost of
             747      providing Medicare supplemental coverage for members and their surviving spouses covered
             748      under Chapter 19, Utah Governors' and Legislators' Retirement Act who:
             749          (a) retire after January 1, 1998;
             750          (b) are at least 65 years of age; and
             751          (c) elect to receive and apply for this benefit to the program.
             752          (3) The following percentages apply to the benefit described in Subsections (1) and (2):
             753          (a) 100% if the member has accrued 10 or more years of service credit;
             754          (b) 80% if the member has accrued 8 or more years of service credit;
             755          (c) 60% if the member has accrued 6 or more years of service credit; and
             756          (d) 40% if the member has accrued 4 or more years of service credit.
             757          Section 11. Section 49-21-201 is amended to read:


             758           49-21-201. Program membership -- Eligibility.
             759          (1) The state shall cover all of its eligible employees under this chapter.
             760          (2) Public safety service employees, as defined in Sections 49-14-102 , 49-15-102 , and
             761      49-23-102 shall be covered under this chapter or a substantially similar long-term disability
             762      program in accordance with the provisions of Section 49-14-601 , 49-15-601 , or 49-23-601 .
             763          (3) Beginning on July 1, 2011, firefighter service employees, as defined in Section
             764      49-23-102 , initially entering employment on or after July 1, 2011, and volunteer firefighters, as
             765      defined in Section 49-23-102 , shall be covered under this chapter [or a substantially similar
             766      long-term disability program] in accordance with the provisions of Section 49-23-601 .
             767          (4) Except as provided under Subsection (5), all other employers may provide coverage
             768      for their eligible employees under this chapter.
             769          (5) If an employer elects to cover any of its eligible employees under this chapter, all of
             770      its eligible employees shall be covered.
             771          (6) Except as provided under Subsections (1) and (2), nothing in this chapter requires
             772      any employer to cover its eligible employees under this chapter.
             773          (7) The following employees are not eligible for coverage under this chapter:
             774          (a) firefighter service employees, as defined under Section 49-16-102 , that initially
             775      entered employment prior to July 1, 2011; and
             776          (b) legislators.
             777          Section 12. Section 49-21-401 is amended to read:
             778           49-21-401. Disability benefits -- Application -- Eligibility.
             779          (1) An eligible employee shall apply for long-term disability benefits under this chapter
             780      by:
             781          (a) completing an application form prepared by the office;
             782          (b) signing a consent form allowing the office access to the eligible employee's medical
             783      records; and
             784          (c) providing any documentation or information reasonably requested by the office.
             785          (2) (a) If an eligible employee is unable to apply on the employee's own behalf, the


             786      application may be made by a person who is:
             787          (i) the attorney for an eligible employee; or
             788          (ii) appointed as a conservator or guardian of the eligible employee.
             789          (b) A person described in Subsection (2)(a), may not make an application for a
             790      deceased employee.
             791          (3) Upon request by the office, the participating employer of the eligible employee
             792      shall provide to the office documentation and information concerning the eligible employee.
             793          (4) The office shall review all relevant information and determine whether or not the
             794      eligible employee has a total disability.
             795          (5) If the office determines that the eligible employee has a total disability due to
             796      accidental bodily injury or physical illness which is not the result of the performance of an
             797      employment duty, the eligible employee shall receive a monthly disability benefit equal to
             798      two-thirds of the eligible employee's regular monthly salary, for each month the total disability
             799      continues beyond the elimination period, not to exceed the maximum benefit period.
             800          (6) If the office determines that the eligible employee has a total disability due to
             801      psychiatric illness, the eligible employee shall receive:
             802          (a) a maximum of two years of monthly disability benefits equal to two-thirds of the
             803      eligible employee's regular monthly salary for each month the total disability continues beyond
             804      the elimination period;
             805          (b) a maximum of $10,000 for psychiatric expenses, including rehabilitation expenses
             806      preauthorized by the office's consultants, paid during the period of monthly disability benefits;
             807      and
             808          (c) payment of monthly disability benefits according to contractual provisions for a
             809      period not to exceed five years if the eligible employee is institutionalized due to psychiatric
             810      illness.
             811          (7) If the office determines that the eligible employee has a total disability due to a
             812      physical injury resulting from external force or violence as a result of the performance of an
             813      employment duty, the eligible employee shall receive a monthly disability benefit equal to


             814      100% of the eligible employee's regular monthly salary, for each month the total disability
             815      continues beyond the elimination period, not to exceed the maximum benefit period.
             816          (8) (a) Successive periods of disability are considered as a continuous period of
             817      disability if the period of disability:
             818          (i) results from the same or related causes;
             819          (ii) is separated by less than six months of continuous full-time work at the individual's
             820      usual place of employment; and
             821          (iii) commences while the individual is an eligible employee covered by this chapter.
             822          (b) The inability to work for a period of less than 15 consecutive calendar days is not
             823      considered as a period of disability.
             824          (c) If Subsection (8)(a) or (b) does not apply, successive periods of disability are
             825      considered as separate periods of disability.
             826          (9) The office may, at any time, have any eligible employee claiming to have a
             827      disability examined by a physician chosen by the office to determine if the eligible employee
             828      has a total disability.
             829          (10) A claim brought by an eligible employee for long-term disability benefits under
             830      the Public Employee's Long-Term Disability Program is barred if it is not commenced within
             831      [one year] six months from the eligible employee's date of disability, unless the office
             832      determines that under the surrounding facts and circumstances, the eligible employee's failure
             833      to comply with the time limitations was reasonable.
             834          (11) Medical or psychiatric conditions which existed prior to eligibility may not be a
             835      basis for disability benefits until the eligible employee has had one year of continuous
             836      eligibility in the Public Employees Long-Term Disability Program.
             837          (12) If there is a valid benefit protection contract, service credit shall accrue during the
             838      period of total disability, unless the disabled eligible employee is exempted from a system, or is
             839      otherwise ineligible for service credit.
             840          (13) Regardless of any medical evidence provided by the employee to support the
             841      application for disability, an employee is not eligible for long-term disability benefits during


             842      any period in which the employee:
             843          (a) makes a claim that the employee is able to work; or
             844          (b) has a pending action in a court or before any federal, state, or local administrative
             845      body in which the employee has made a claim that the employee is able to work.
             846          (14) Notwithstanding the provisions of Section 49-11-618 , upon written request by an
             847      employer, information obtained under this part may, upon an order of a court or an
             848      administrative law judge, be released to an employer who is a party in an action under
             849      Subsection (13).
             850          Section 13. Section 49-21-402 is amended to read:
             851           49-21-402. Reduction or reimbursement of benefit -- Circumstances --
             852      Application for other benefits required.
             853          (1) A monthly disability benefit may [not be paid for any period of total disability] be
             854      terminated unless:
             855          (a) the eligible employee is under the ongoing care and treatment of a physician other
             856      than the eligible employee[.]; and
             857          (b) the eligible employee provides the information and documentation requested by the
             858      office.
             859          (2) The monthly disability benefit shall be reduced or reimbursed by any amount
             860      received by, or payable to, the eligible employee from the following sources for the same
             861      period of time during which the eligible employee is entitled to receive a monthly disability
             862      benefit:
             863          (a) Social Security disability benefits, including all benefits received by the eligible
             864      employee, the eligible employee's spouse, and the eligible employee's children as determined
             865      by the Social Security Administration;
             866          (b) workers' compensation indemnity benefits;
             867          (c) any money received by judgment, legal action, or settlement from a third party
             868      liable to the employee for the disability;
             869          (d) unemployment compensation benefits;


             870          (e) automobile no-fault, medical payments, or similar insurance payments; [and]
             871          (f) any money received by a judgment, settlement, or other payment as a result of a
             872      claim against an employer[.]; and
             873          (g) any payments made for sick leave, annual leave, or similar payments.
             874          (3) The monthly disability benefit shall be reduced by any amount in excess of
             875      one-third of the eligible employee's regular monthly salary received by, or payable to, the
             876      eligible employee from the following sources for the same period of time during which the
             877      eligible employee is entitled to receive a monthly disability benefit:
             878          (a) any employer-sponsored retirement programs; and
             879          (b) any disability benefit resulting from the disability for which benefits are being
             880      received under this chapter.
             881          (4) After the date of disability, cost-of-living increases to any of the benefits listed in
             882      Subsection (2) or (3) may not be considered in calculating a reduction to the monthly disability
             883      benefit.
             884          (5) Any amounts payable to the eligible employee from one or more of the sources
             885      under Subsection (2) are considered as amounts received whether or not the amounts were
             886      actually received by the eligible employee.
             887          (6) (a) An eligible employee shall first apply for all disability benefits from
             888      governmental entities under Subsection (2) to which the eligible employee is or may be
             889      entitled, and provide to the office evidence of the applications.
             890          (b) If the eligible employee fails to make application under this Subsection (6), the
             891      monthly disability benefit shall be suspended.
             892          Section 14. Section 49-22-202 is amended to read:
             893           49-22-202. Participation of employers -- Limitations -- Exclusions -- Admission
             894      requirements.
             895          (1) Unless excluded under Subsection (2), an employer is a participating employer and
             896      may not withdraw from participation in this system.
             897          [(2) An employer that is a charter school sponsored by the State Board of Education or


             898      a school district may be excluded from participation in this system if the charter school makes
             899      an election of nonparticipation in accordance with Section 53A-1a-512 unless the charter
             900      school makes a one-time, irrevocable retraction of the election of nonparticipation in
             901      accordance with Subsection 53A-1a-512 (9).]
             902          (2) The following employers may be excluded from participation in this system:
             903          (a) an employer not initially admitted or included as a participating employer in this
             904      system before January 1, 1982, if:
             905          (i) the employer elects not to provide or participate in any type of private or public
             906      retirement, supplemental or defined contribution plan, either directly or indirectly, for its
             907      employees, except for Social Security; or
             908          (ii) the employer offers another collectively bargained retirement benefit and has
             909      continued to do so on an uninterrupted basis since that date;
             910          (b) an employer that is a charter school sponsored by the State Board of Education or a
             911      school district that makes an election of nonparticipation in accordance with Section
             912      53A-1a-512 unless the charter school makes a one-time, irrevocable retraction of the election
             913      of nonparticipation in accordance with Subsection 53A-1a-512 (9); or
             914          (c) an employer that is a risk management association initially created by interlocal
             915      agreement before 1986 for the purpose of implementing a self-insurance joint protection
             916      program for the benefit of member municipalities of the association.
             917          (3) If an employer that may be excluded under Subsection (2)(a)(i) elects at any time to
             918      provide or participate in any type of public or private retirement, supplemental or defined
             919      contribution plan, either directly or indirectly, except for Social Security, the employer shall be
             920      a participating employer in this system regardless of whether the employer has applied for
             921      admission under Subsection (4).
             922          [(3)] (4) (a) An employer may, by resolution of its governing body, apply for admission
             923      to this system.
             924          (b) Upon approval of the resolution by the board, the employer is a participating
             925      employer in this system and is subject to this title.


             926          [(4)] (5) If a participating employer purchases service credit on behalf of a regular
             927      full-time [employees] employee for service rendered prior to the participating employer's
             928      admission to this system, [the service credit shall be purchased] the participating employer:
             929          (a) shall purchase credit in a nondiscriminatory manner on behalf of all current and
             930      former regular full-time employees who were eligible for service credit at the time service was
             931      rendered[.]; and
             932          (b) shall comply with the provisions of Section 49-11-403 .
             933          Section 15. Section 49-22-401 is amended to read:
             934           49-22-401. Contributions -- Rates.
             935          (1) Up to the amount allowed by federal law, the participating employer shall make a
             936      nonelective contribution of 10% of the participant's compensation to a defined contribution
             937      plan.
             938          (2) (a) The participating employer shall contribute the 10% nonelective contribution
             939      described in Subsection (1) to a defined contribution plan qualified under Section 401(k) of the
             940      Internal Revenue Code which:
             941          (i) is sponsored by the board; and
             942          (ii) has been grandfathered under Section 1116 of the Federal Tax Reform Act of 1986.
             943          (b) The member may make voluntary deferrals to:
             944          (i) the qualified 401(k) plan which receives the employer contribution described in this
             945      Subsection (2); or
             946          (ii) at the member's option, another defined contribution plan established by the
             947      participating employer.
             948          (c) In addition to the percent specified under Subsection (2)(a), the participating
             949      employer shall pay the corresponding Tier I system amortization rate of the employee's
             950      compensation to the office to be applied to the employer's corresponding Tier I system liability.
             951          (3) (a) [The] Except as provided under Subsection (3)(c), the total amount contributed
             952      by the participating employer under Subsection (2)(a) vests to the member upon accruing four
             953      years employment as a regular full-time employee under this title.


             954          (b) The total amount contributed by the member under Subsection (2)(b) vests to the
             955      member's benefit immediately and is nonforfeitable.
             956          (c) Upon filing a written request for exemption with the office, the following
             957      employees are exempt from the vesting requirements of Subsection (3)(a):
             958          (i) an executive department head of the state;
             959          (ii) a member of the State Tax Commission;
             960          (iii) a member of the Public Service Commission;
             961          (iv) an employee of the Governor's Office of Planning and Budget;
             962          (v) an employee of the Governor's Office of Economic Development;
             963          (vi) an employee of the Commission on Criminal and Juvenile Justice;
             964          (vii) an employee of the Governor's Office;
             965          (viii) an employee of the State Auditor's Office;
             966          (ix) an employee of the State Treasurer's Office;
             967          (x) a person appointed as a city manager or appointed as a city administrator or another
             968      at-will employee of a municipality, county, or other political subdivision;
             969          (xi) an employee of an interlocal cooperative agency created under Title 11, Chapter
             970      13, Interlocal Cooperation Act, who is engaged in a specialized trade customarily provided
             971      through membership in a labor organization that provides retirement benefits to its members;
             972      and
             973          (xii) an employee of the Utah Science Technology and Research Initiative created
             974      under Title 63M, Chapter 2, Utah Science Technology and Research Governing Authority Act.
             975          (d) (i) A participating employer shall prepare a list designating those positions eligible
             976      for exemption under Subsection (3)(c).
             977          (ii) An employee may not be exempted unless the employee is employed in a position
             978      designated by the participating employer under Subsection (3)(c).
             979          (e) (i) In accordance with this section, a municipality, county, or political subdivision
             980      may not exempt more than 50 positions or a number equal to 10% of the employees of the
             981      municipality, county, or political subdivision, whichever is less.


             982          (ii) A municipality, county, or political subdivision may exempt at least one regular
             983      full-time employee.
             984          (f) Each participating employer shall:
             985          (i) file each employee exemption annually with the office; and
             986          (ii) update an employee exemption in the event of any change.
             987          (g) (i) The office shall make rules to implement this Subsection (3).
             988          (ii) The rules made under Subsection (3)(g)(i) shall include provisions to allow the
             989      exemption provided under Subsection (3)(c) to apply to all contributions made beginning on or
             990      after July 1, 2011, on behalf of an exempted employee who began the employment before May
             991      8, 2012.
             992          (4) (a) Contributions made by a participating employer under Subsection (2)(a) shall be
             993      invested in a default option selected by the board until the member is vested in accordance with
             994      Subsection (3)(a).
             995          (b) A member may direct the investment of contributions including associated
             996      investment gains and losses made by a participating employer under Subsection (2)(a) only
             997      after the contributions have vested in accordance with Subsection (3)(a).
             998          (c) A member may direct the investment of contributions made by the member under
             999      Subsection (3)(b).
             1000          (5) No loans shall be available from contributions made by a participating employer
             1001      under Subsection (2)(a).
             1002          (6) No hardship distributions shall be available from contributions made by a
             1003      participating employer under Subsection (2)(a).
             1004          (7) (a) Except as provided in Subsection (7)(b), if a member terminates employment
             1005      with a participating employer prior to the vesting period described in Subsection (3)(a), all
             1006      contributions made by a participating employer on behalf of the member including associated
             1007      investment gains and losses under Subsection (2)(a) are subject to forfeiture.
             1008          (b) If a member who terminates employment with a participating employer prior to the
             1009      vesting period described in Subsection (3)(a) subsequently enters employment with the same or


             1010      another participating employer within 10 years of the termination date of the previous
             1011      employment:
             1012          (i) all contributions made by the previous participating employer on behalf of the
             1013      member including associated investment gains and losses shall be reinstated upon the member's
             1014      employment as a regular full-time employee; and
             1015          (ii) the length of time that the member worked with the previous employer shall be
             1016      included in determining whether the member has completed the vesting period under
             1017      Subsection (3)(a).
             1018          (c) The office shall establish a forfeiture account and shall specify the uses of the
             1019      forfeiture account, which may include an offset against administrative costs or employer
             1020      contributions made under this section.
             1021          (8) The office may request from any other qualified 401(k) plan under Subsection (2)
             1022      any relevant information pertaining to the maintenance of its tax qualification under the
             1023      Internal Revenue Code.
             1024          (9) The office may take any action which in its judgment is necessary to maintain the
             1025      tax-qualified status of its 401(k) defined contribution plan under federal law.
             1026          Section 16. Section 49-23-202 is amended to read:
             1027           49-23-202. Participation of employers -- Admission requirements.
             1028          (1) (a) An employer is a participating employer and may not withdraw from
             1029      participation in this system.
             1030          (b) A participating employer shall cover its:
             1031          (i) public safety service employees in accordance with Section 49-15-202 ; and
             1032          (ii) firefighter service employees in accordance with Section 49-16-202 .
             1033          (2) (a) An employer may, by resolution of its governing body, apply for admission to
             1034      this system.
             1035          (b) Upon approval of the resolution by the board, the employer is a participating
             1036      employer in this system and is subject to this title.
             1037          (3) If a participating employer purchases service credit on behalf of public safety


             1038      service employees or firefighter service employees for service rendered prior to the
             1039      participating employer's admission to this system, the service credit shall be purchased in a
             1040      nondiscriminatory manner on behalf of all current and former public safety service employees
             1041      or firefighter service employees who were eligible for service credit at the time service was
             1042      rendered.
             1043          Section 17. Section 49-23-401 is amended to read:
             1044           49-23-401. Contributions -- Rates.
             1045          (1) Up to the amount allowed by federal law, the participating employer shall make a
             1046      nonelective contribution of 12% of the participant's compensation to a defined contribution
             1047      plan.
             1048          (2) (a) The participating employer shall contribute the 12% nonelective contribution
             1049      described in Subsection (1) to a defined contribution plan qualified under Section 401(k) of the
             1050      Internal Revenue Code which:
             1051          (i) is sponsored by the board; and
             1052          (ii) has been grandfathered under Section 1116 of the Federal Tax Reform Act of 1986.
             1053          (b) The member may make voluntary deferrals to:
             1054          (i) the qualified 401(k) plan which receives the employer contribution described in this
             1055      Subsection (2); or
             1056          (ii) at the member's option, another defined contribution plan established by the
             1057      participating employer.
             1058          (c) In addition to the percent specified under Subsection (2)(a), the participating
             1059      employer shall pay the corresponding Tier I system amortization rate of the employee's
             1060      compensation to the office to be applied to the employer's corresponding Tier I system liability.
             1061          (3) (a) [The] Except as provided under Subsection (3)(c), the total amount contributed
             1062      by the participating employer under Subsection (2)(a) vests to the member upon accruing four
             1063      years of [employment as a regular full-time employee under this chapter] service credit under
             1064      this title.
             1065          (b) The total amount contributed by the member under Subsection (2)(b) vests to the


             1066      member's benefit immediately and is nonforfeitable.
             1067          (c) Upon filing a written request for exemption with the office, the following
             1068      employees are exempt from the vesting requirements of Subsection (3)(a) if the employee is a
             1069      public safety service employee and is:
             1070          (i) an executive department head of the state;
             1071          (ii) an elected or appointed sheriff of a county; or
             1072          (iii) an elected or appointed chief of police of a municipality.
             1073          (d) (i) A participating employer shall prepare a list designating those positions eligible
             1074      for exemption under Subsection (3)(c).
             1075          (ii) An employee may not be exempted unless the employee is employed in a position
             1076      designated by the participating employer under Subsection (3)(c).
             1077          (e) Each participating employer shall:
             1078          (i) file each employee exemption annually with the office; and
             1079          (ii) update an employee exemption in the event of any change.
             1080          (f) (i) The office shall make rules to implement this Subsection (3).
             1081          (ii) The rules made under Subsection (3)(f)(i) shall include provisions to allow the
             1082      exemption provided under Subsection (3)(c) to apply to all contributions made beginning on or
             1083      after July 1, 2011, on behalf of an exempted employee who began the employment before May
             1084      8, 2012.
             1085          (4) (a) Contributions made by a participating employer under Subsection (2)(a) shall be
             1086      invested in a default option selected by the board until the member is vested in accordance with
             1087      Subsection (3)(a).
             1088          (b) A member may direct the investment of contributions, including associated
             1089      investment gains and losses, made by a participating employer under Subsection (2)(a) only
             1090      after the contributions have vested in accordance with Subsection (3)(a).
             1091          (c) A member may direct the investment of contributions made by the member under
             1092      Subsection (3)(b).
             1093          (5) No loans shall be available from contributions made by a participating employer


             1094      under Subsection (2)(a).
             1095          (6) No hardship distributions shall be available from contributions made by a
             1096      participating employer under Subsection (2)(a).
             1097          (7) (a) Except as provided in Subsection (7)(b), if a member terminates employment
             1098      with a participating employer prior to the vesting period described in Subsection (3)(a), all
             1099      contributions made by a participating employer on behalf of the member under Subsection
             1100      (2)(a), including associated investment gains and losses [under Subsection (2)(a)] are subject to
             1101      forfeiture.
             1102          (b) If a member who terminates employment with a participating employer prior to the
             1103      vesting period described in Subsection (3)(a) subsequently enters employment with the same or
             1104      another participating employer within 10 years of the termination date of the previous
             1105      employment:
             1106          (i) all contributions made by the previous participating employer on behalf of the
             1107      member, including associated investment gains and losses, shall be reinstated upon the
             1108      member's employment as a regular full-time employee; and
             1109          (ii) the length of time that the member worked with the previous employer shall be
             1110      included in determining whether the member has completed the vesting period under
             1111      Subsection (3)(a).
             1112          (c) The office shall establish a forfeiture account and shall specify the uses of the
             1113      forfeiture account, which may include an offset against administrative costs of employer
             1114      contributions made under this section.
             1115          (8) The office may request from any other qualified 401(k) plan under Subsection (2)
             1116      any relevant information pertaining to the maintenance of its tax qualification under the
             1117      Internal Revenue Code.
             1118          (9) The office may take any action which in its judgment is necessary to maintain the
             1119      tax-qualified status of its 401(k) defined contribution plan under federal law.
             1120          Section 18. Section 49-23-601 is amended to read:
             1121           49-23-601. Long-term disability coverage.


             1122          (1) A participating employer shall cover a public safety employee who initially enters
             1123      employment on or after July 1, 2011, under [Title 49,] Chapter 21, Public Employees'
             1124      Long-Term Disability Act, or a substantially similar long-term disability program.
             1125          (2) (a) A participating employer shall cover a firefighter employee who initially enters
             1126      employment on or after July 1, 2011, under [Title 49,] Chapter 21, Public Employees'
             1127      Long-Term Disability Act.
             1128          (b) In accordance with this section, a participating employer shall provide long-term
             1129      disability benefit coverage for a volunteer firefighter as provided under Section 49-16-701 .
             1130          (c) The office shall ensure that the cost of the long-term disability benefit coverage
             1131      provided under Subsections (2)(a) and (b) is funded with revenue received under Section
             1132      49-11-901.5 .


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