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DEPARTMENT OF CORRECTIONS RETIREMENT

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AMENDMENTS

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2015 GENERAL SESSION

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STATE OF UTAH

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Chief Sponsor: Eric K. Hutchings

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Senate Sponsor: Jerry W. Stevenson

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8     LONG TITLE
9     General Description:
10          This bill modifies the Public Safety Contributory Retirement Act and the Public Safety
11     Noncontributory Retirement Act by amending system membership provisions for
12     employees of the Department of Corrections.
13     Highlighted Provisions:
14          This bill:
15          ▸     provides that an employee of the Department of Corrections shall continue to earn
16     public safety service credit in the Public Safety Retirement System if the employee's
17     position is no longer covered for new employees and the employee:
18               •     remains employed by the Department of Corrections;
19               •     meets the eligibility requirements of the system;
20               •     was hired into a covered position prior to July 1, 2015; and
21               •     has not had a break in service on or after July 1, 2015; and
22          ▸     makes technical changes.
23     Money Appropriated in this Bill:
24          None
25     Other Special Clauses:
26          None
27     Utah Code Sections Affected:
28     AMENDS:
29          49-14-201, as last amended by Laws of Utah 2014, Chapter 15
30          49-15-201, as last amended by Laws of Utah 2014, Chapter 15
31     

32     Be it enacted by the Legislature of the state of Utah:
33          Section 1. Section 49-14-201 is amended to read:
34          49-14-201. System membership -- Eligibility.
35          (1) Except as provided in Section 49-15-201, a public safety service employee of a
36     participating employer participating in this system is eligible for service credit in this system at
37     the earliest of:
38          (a) July 1, 1969, if the public safety service employee was employed by the
39     participating employer on July 1, 1969, and the participating employer was participating in this
40     system on that date;
41          (b) the date the participating employer begins participating in this system if the public
42     safety service employee was employed by the participating employer on that date; or
43          (c) the date the public safety service employee is employed by the participating
44     employer and is eligible to perform public safety service, except that a public safety service
45     employee initially entering employment with a participating employer on or after July 1, 2011,
46     who does not have service credit accrued before July 1, 2011, in a Tier I system or plan
47     administered by the board, may not participate in this system.
48          (2) (a) (i) A participating employer that has public safety service and firefighter service
49     employees that require cross-training and duty shall enroll those dual purpose employees in the
50     system in which the greatest amount of time is actually worked.
51          (ii) The employees shall either be full-time public safety service or full-time firefighter
52     service employees of the participating employer.
53          (b) (i) Prior to transferring a dual purpose employee from one system to another, the
54     participating employer shall receive written permission from the office.
55          (ii) The office may request documentation to verify the appropriateness of the transfer.
56          (3) The board may combine or segregate the actuarial experience of participating
57     employers in this system for the purpose of setting contribution rates.
58          (4) (a) (i) Each participating employer participating in this system shall annually
59     submit to the office a schedule indicating the positions to be covered under this system in
60     accordance with this chapter.
61          (ii) The office may require documentation to justify the inclusion of any position under
62     this system.
63          (b) If there is a dispute between the office and a participating employer or employee
64     over any position to be covered, the disputed position shall be submitted to the Peace Officer
65     Standards and Training Council established under Section 53-6-106 for determination.
66          (c) (i) The Peace Officer Standards and Training Council's authority to decide
67     eligibility for public safety service credit is limited to claims for coverage under this system for
68     time periods after July 1, 1989.
69          (ii) A decision of the Peace Officer Standards and Training Council may not be applied
70     to service credit earned in another system prior to July 1, 1989.
71          (iii) Except as provided under Subsection (4)(c)(iv), a decision of the Peace Officer
72     Standards and Training Council granting a position coverage under this system may only be
73     applied prospectively from the date of that decision.
74          (iv) A decision of the Peace Officer Standards and Training Council granting a position
75     coverage under this system may be applied retroactively only if:
76          (A) the participating employer covered other similarly situated positions under this
77     system during the time period in question; and
78          (B) the position otherwise meets all eligibility requirements for receiving service credit
79     in this system during the period for which service credit is to be granted.
80          (5) The Peace Officer Standards and Training Council may use a subcommittee to
81     provide a recommendation to the council in determining disputes between the office and a
82     participating employer or employee over a position to be covered under this system.
83          (6) The Peace Officer Standards and Training Council shall comply with Title 63G,
84     Chapter 4, Administrative Procedures Act, in resolving coverage disputes in this system.
85          (7) A public safety employee who is transferred or promoted to an administration
86     position not covered by this system shall continue to earn public safety service credit in this
87     system as long as the employee remains employed in the same department.
88          (8) An employee of the Department of Corrections shall continue to earn public safety
89     service credit in this system if:
90          (a) the employee's position is no longer covered under this system for new employees
91     hired on or after July 1, 2015; and
92          (b) the employee:
93          (i) remains employed by the Department of Corrections;
94          (ii) meets the eligibility requirements of this system;
95          (iii) was hired into a position covered by this system prior to July 1, 2015; and
96          (iv) has not had a break in service on or after July 1, 2015.
97          [(8) Any] (9) An employee who is reassigned to the Department of Technology
98     Services or to the Department of Human Resource Management, and who was a member of
99     this system, [shall be] is entitled to remain a member of this system.
100          [(9)] (10) (a) To determine that a position is covered under this system, the office and,
101     if a coverage dispute arises, the Peace Officer Standards and Training Council shall find that
102     the position requires the employee to:
103          (i) place the employee's life or personal safety at risk; and
104          (ii) complete training as provided in Section 53-13-103, 53-13-104, or 53-13-105.
105          (b) If a position satisfies the requirements of Subsection [(9)] (10)(a), the office and the
106     Peace Officer Standards and Training Council shall consider whether or not the position
107     requires the employee to:
108          (i) perform duties that consist primarily of actively preventing or detecting crime and
109     enforcing criminal statutes or ordinances of this state or any of its political subdivisions;
110          (ii) perform duties that consist primarily of providing community protection; and
111          (iii) respond to situations involving threats to public safety and make emergency
112     decisions affecting the lives and health of others.
113          [(10)] (11) If a subcommittee is used to recommend the determination of disputes to
114     the Peace Officer Standards and Training Council, the subcommittee shall comply with the
115     requirements of Subsection [(9)] (10) in making its recommendation.
116          [(11)] (12) A final order of the Peace Officer Standards and Training Council regarding
117     a dispute is a final agency action for purposes of Title 63G, Chapter 4, Administrative
118     Procedures Act.
119          [(12)] (13) Except as provided under Subsection [(13)] (14), if a participating
120     employer's public safety service employees are not covered by this system or under Chapter 15,
121     Public Safety Noncontributory Retirement Act, as of January 1, 1998, those public safety
122     service employees who may otherwise qualify for membership in this system shall, at the
123     discretion of the participating employer, remain in their current retirement system.
124          [(13)] (14) (a) A public safety service employee employed by an airport police
125     department, which elects to cover its public safety service employees under the Public Safety
126     Noncontributory Retirement System under Subsection [(12)] (13), may elect to remain in the
127     public safety service employee's current retirement system.
128          (b) The public safety service employee's election to remain in the current retirement
129     system under Subsection [(13)] (14)(a):
130          (i) shall be made at the time the employer elects to move its public safety service
131     employees to a public safety retirement system;
132          (ii) documented by written notice to the participating employer; and
133          (iii) is irrevocable.
134          [(14)] (15) Notwithstanding any other provision of this section, a person initially
135     entering employment with a participating employer on or after July 1, 2011, who does not have
136     service credit accrued before July 1, 2011, in a Tier I system or plan administered by the board,
137     may not participate in this system.
138          Section 2. Section 49-15-201 is amended to read:
139          49-15-201. System membership -- Eligibility.
140          (1) (a) A public safety service employee employed by the state after July 1, 1989, but
141     before July 1, 2011, is eligible for service credit in this system.
142          (b) A public safety service employee employed by the state prior to July 1, 1989, may
143     either elect to receive service credit in this system or continue to receive service credit under
144     the system established under Chapter 14, Public Safety Contributory Retirement Act, by
145     following the procedures established by the board under this chapter.
146          (2) (a) Public safety service employees of a participating employer other than the state
147     that elected on or before July 1, 1989, to remain in the Public Safety Contributory Retirement
148     System shall be eligible only for service credit in that system.
149          (b) (i) A participating employer other than the state that elected on or before July 1,
150     1989, to participate in this system shall, have allowed, prior to July 1, 1989, a public safety
151     service employee to elect to participate in either this system or the Public Safety Contributory
152     Retirement System.
153          (ii) Except as expressly allowed by this title, the election of the public safety service
154     employee is final and may not be changed.
155          (c) A public safety service employee hired by a participating employer other than the
156     state after July 1, 1989, but before July 1, 2011, shall become a member in this system.
157          (d) A public safety service employee of a participating employer other than the state
158     who began participation in this system after July 1, 1989, but before July 1, 2011, is only
159     eligible for service credit in this system.
160          (e) A person initially entering employment with a participating employer on or after
161     July 1, 2011, who does not have service credit accrued before July 1, 2011, in a Tier I system
162     or plan administered by the board, may not participate in this system.
163          (3) (a) (i) A participating employer that has public safety service and firefighter service
164     employees that require cross-training and duty shall enroll those dual purpose employees in the
165     system in which the greatest amount of time is actually worked.
166          (ii) The employees shall either be full-time public safety service or full-time firefighter
167     service employees of the participating employer.
168          (b) (i) Prior to transferring a dual purpose employee from one system to another, the
169     participating employer shall receive written permission from the office.
170          (ii) The office may request documentation to verify the appropriateness of the transfer.
171          (4) The board may combine or segregate the actuarial experience of participating
172     employers in this system for the purpose of setting contribution rates.
173          (5) (a) (i) Each participating employer participating in this system shall annually
174     submit to the office a schedule indicating the positions to be covered under this system in
175     accordance with this chapter.
176          (ii) The office may require documentation to justify the inclusion of any position under
177     this system.
178          (b) If there is a dispute between the office and a participating employer or employee
179     over any position to be covered, the disputed position shall be submitted to the Peace Officer
180     Standards and Training Council established under Section 53-6-106 for determination.
181          (c) (i) The Peace Officer Standards and Training Council's authority to decide
182     eligibility for public safety service credit is limited to claims for coverage under this system for
183     time periods after July 1, 1989.
184          (ii) A decision of the Peace Officer Standards and Training Council may not be applied
185     to service credit earned in another system prior to July 1, 1989.
186          (iii) Except as provided under Subsection (5)(c)(iv), a decision of the Peace Officer
187     Standards and Training Council granting a position coverage under this system may only be
188     applied prospectively from the date of that decision.
189          (iv) A decision of the Peace Officer Standards and Training Council granting a position
190     coverage under this system may be applied retroactively only if:
191          (A) the participating employer covered other similarly situated positions under this
192     system during the time period in question; and
193          (B) the position otherwise meets all eligibility requirements for receiving service credit
194     in this system during the period for which service credit is to be granted.
195          (6) The Peace Officer Standards and Training Council may use a subcommittee to
196     provide a recommendation to the council in determining disputes between the office and a
197     participating employer or employee over a position to be covered under this system.
198          (7) The Peace Officer Standards and Training Council shall comply with Title 63G,
199     Chapter 4, Administrative Procedures Act, in resolving coverage disputes in this system.
200          (8) A public safety service employee who is transferred or promoted to an
201     administration position not covered by this system shall continue to earn public safety service
202     credit in this system as long as the employee remains employed in the same department.
203          (9) An employee of the Department of Corrections shall continue to earn public safety
204     service credit in this system if:
205          (a) the employee's position is no longer covered under this system for new employees
206     hired on or after July 1, 2015; and
207          (b) the employee:
208          (i) remains employed by the Department of Corrections;
209          (ii) meets the eligibility requirements of this system;
210          (iii) was hired into a position covered by this system prior to July 1, 2015; and
211          (iv) has not had a break in service on or after July 1, 2015.
212          [(9)] (10) Any employee who is reassigned to the Department of Technology Services
213     or to the Department of Human Resource Management, and who was a member in this system,
214     shall be entitled to remain a member in this system.
215          [(10)] (11) (a) To determine that a position is covered under this system, the office and,
216     if a coverage dispute arises, the Peace Officer Standards and Training Council shall find that
217     the position requires the employee to:
218          (i) place the employee's life or personal safety at risk; and
219          (ii) complete training as provided in Section 53-13-103, 53-13-104, or 53-13-105.
220          (b) If a position satisfies the requirements of Subsection [(10)] (11)(a), the office and
221     Peace Officer Standards and Training Council shall consider whether the position requires the
222     employee to:
223          (i) perform duties that consist primarily of actively preventing or detecting crime and
224     enforcing criminal statutes or ordinances of this state or any of its political subdivisions;
225          (ii) perform duties that consist primarily of providing community protection; and
226          (iii) respond to situations involving threats to public safety and make emergency
227     decisions affecting the lives and health of others.
228          [(11)] (12) If a subcommittee is used to recommend the determination of disputes to
229     the Peace Officer Standards and Training Council, the subcommittee shall comply with the
230     requirements of Subsection [(10)] (11) in making its recommendation.
231          [(12)] (13) A final order of the Peace Officer Standards and Training Council regarding
232     a dispute is a final agency action for purposes of Title 63G, Chapter 4, Administrative
233     Procedures Act.
234          [(13)] (14) Except as provided under Subsection [(14)] (15), if a participating
235     employer's public safety service employees are not covered by this system or under Chapter 14,
236     Public Safety Contributory Retirement Act, as of January 1, 1998, those public safety service
237     employees who may otherwise qualify for membership in this system shall, at the discretion of
238     the participating employer, remain in their current retirement system.
239          [(14)] (15) (a) A public safety service employee employed by an airport police
240     department, which elects to cover its public safety service employees under the Public Safety
241     Noncontributory Retirement System under Subsection [(13)] (14), may elect to remain in the
242     public safety service employee's current retirement system.
243          (b) The public safety service employee's election to remain in the current retirement
244     system under Subsection [(14)] (15)(a):
245          (i) shall be made at the time the employer elects to move its public safety service
246     employees to a public safety retirement system;
247          (ii) shall be documented by written notice to the participating employer; and
248          (iii) is irrevocable.
249          [(15)] (16) Notwithstanding any other provision of this section, a person initially
250     entering employment with a participating employer on or after July 1, 2011, who does not have
251     service credit accrued before July 1, 2011, in a Tier I system or plan administered by the board,
252     may not participate in this system.