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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     Committee Note:
10          The Retirement and Independent Entities Interim Committee recommended this bill.
11     General Description:
12          This bill modifies the Public Safety Contributory Retirement Act and the Public Safety
13     Noncontributory Retirement Act by amending system membership provisions for
14     employees of the Department of Corrections.
15     Highlighted Provisions:
16          This bill:
17          ▸     provides that an employee of the Department of Corrections shall continue to earn
18     public safety service credit in the Public Safety Retirement System if the employee's
19     position is no longer covered for new employees and the employee:
20               •     remains employed by the Department of Corrections;
21               •     meets the eligibility requirements of the system;
22               •     was hired into a covered position prior to July 1, 2015; and
23               •     has not had a break in service on or after July 1, 2015; and
24          ▸     makes technical changes.
25     Money Appropriated in this Bill:
26          None
27     Other Special Clauses:
28          None
29     Utah Code Sections Affected:
30     AMENDS:
31          49-14-201, as last amended by Laws of Utah 2014, Chapter 15
32          49-15-201, as last amended by Laws of Utah 2014, Chapter 15
33     

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




Legislative Review Note
     as of 11-13-14 1:10 PM

Office of Legislative Research and General Counsel