Senator Todd Weiler proposes the following substitute bill:


1     
AFFILIATED EMERGENCY SERVICE WORKER

2     
POSTRETIREMENT EMPLOYMENT AMENDMENTS

3     
2015 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Douglas V. Sagers

6     
Senate Sponsor: David P. Hinkins

7     

8     LONG TITLE
9     General Description:
10          This bill modifies the Utah State Retirement and Insurance Benefit Act by amending
11     provisions for postretirement reemployment.
12     Highlighted Provisions:
13          This bill:
14          ▸     provides that reemployment as an affiliated emergency service worker is not subject
15     to postretirement reemployment provisions under certain circumstances;
16          ▸     provides that a member is not required to cease employment as an affiliated
17     emergency service worker of a participating employer to be eligible to retire; and
18          ▸     makes technical changes.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          None
23     Utah Code Sections Affected:
24     AMENDS:
25          49-11-505, as last amended by Laws of Utah 2014, Chapters 15, 175, and 311

26          49-12-401, as last amended by Laws of Utah 2014, Chapter 15
27          49-13-401, as last amended by Laws of Utah 2014, Chapter 15
28          49-14-401, as last amended by Laws of Utah 2014, Chapter 15
29          49-15-401, as last amended by Laws of Utah 2014, Chapter 15
30          49-16-401, as last amended by Laws of Utah 2014, Chapter 15
31          49-22-304, as last amended by Laws of Utah 2014, Chapter 15
32          49-23-303, 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 49-11-505 is amended to read:
36          49-11-505. Reemployment of a retiree -- Restrictions.
37          (1) (a) For purposes of this section, "retiree":
38          (i) means a person who:
39          (A) retired from a participating employer; and
40          (B) begins reemployment on or after July 1, 2010, with a participating employer;
41          (ii) does not include a person:
42          (A) who was reemployed by a participating employer before July 1, 2010; and
43          (B) whose participating employer that reemployed the person under Subsection
44     (1)(a)(ii)(A) was dissolved, consolidated, merged, or structurally changed in accordance with
45     Section 49-11-621 after July 1, 2010; and
46          (iii) does not include a person who is reemployed as an active senior judge or an active
47     senior justice court judge as described by Utah State Court Rules, appointed to hear cases by
48     the Utah Supreme Court in accordance with Article VIII, Section 4, Utah Constitution.
49          (b) (i) This section does not apply to employment as an elected official if the elected
50     official's position is not full time as certified by the participating employer.
51          (ii) The provisions of this section apply to an elected official whose elected position is
52     full time as certified by the participating employer.
53          (c) (i) This section does not apply to employment as a part-time appointed board
54     member who does not receive any remuneration, stipend, or other benefit for the part-time
55     appointed board member's service.
56          (ii) For purposes of this Subsection (1)(c), remuneration, stipend, or other benefit does

57     not include receipt of per diem and travel expenses up to the amounts established by the
58     Division of Finance in:
59          (A) Section 63A-3-106;
60          (B) Section 63A-3-107; and
61          (C) rules made by the Division of Finance according to Sections 63A-3-106 and
62     63A-3-107.
63          (d) (i) For purposes of this Subsection (1)(d), "affiliated emergency services worker"
64     means a person who is employed by a participating employer and who performs emergency
65     services for another participating employer that is a different agency in which the person:
66          (A) has been trained in techniques and skills required for the service the person
67     provides to the participating employer;
68          (B) continues to receive regular training required for the service;
69          (C) is on the rolls as a trained affiliated emergency services worker of the participating
70     employer; and
71          (D) provides ongoing service for a participating employer, which service may include
72     service as a volunteer firefighter, reserve law enforcement officer, search and rescue personnel,
73     emergency medical technician, ambulance personnel, park ranger, or public utilities worker.
74          (ii) A person who performs work or service but does not meet the requirements of
75     Subsection (1)(d)(i) is not an affiliated emergency services worker for purposes of this
76     Subsection (1)(d).
77          (iii) The office may not cancel the retirement allowance of a retiree who is employed as
78     an affiliated emergency services worker within one year of the retiree's retirement date if the
79     affiliated emergency services worker does not receive any compensation, except for:
80          (A) a nominal fee, stipend, discount, tax credit, voucher, or other fixed sum of money
81     or cash equivalent payment not tied to productivity and paid periodically for services;
82          (B) a length-of-service award;
83          (C) insurance policy premiums paid by the participating employer in the event of death
84     of an affiliated emergency services worker or a line-of-duty accidental death or disability; or
85          (D) reimbursement of expenses incurred in the performance of duties.
86          (iv) For purposes of Subsections (1)(d)(iii)(A) and (B), the total amount of any
87     discounts, tax credits, vouchers, and payments to a volunteer may not exceed $500 per month.

88          (v) Beginning January 1, 2016, the board shall adjust the amount under Subsection
89     (1)(d)(iv) by the annual change in the Consumer Price Index during the previous calendar year
90     as measured by a United States Bureau of Labor Statistics Consumer Price Index average as
91     determined by the board.
92          (vi) The office shall cancel the retirement allowance of a retiree for the remainder of
93     the calendar year if employment as an affiliated emergency services worker with a participating
94     employer exceeds the limitation under Subsection (1)(d)(iii).
95          (vii) If a retiree is employed as an affiliated emergency services worker under the
96     provisions of Subsection (1)(d), the termination date of the employment as an affiliated
97     emergency services worker, as confirmed in writing by the participating employer, is
98     considered the retiree's retirement date for the purpose of calculating the separation
99     requirement under Subsection (3)(a).
100          (2) A retiree may not for the same period of reemployment:
101          (a) (i) earn additional service credit; or
102          (ii) receive any retirement related contribution from a participating employer; and
103          (b) receive a retirement allowance.
104          (3) (a) Except as provided under Subsection (3)(b) or (10), the office shall cancel the
105     retirement allowance of a retiree if the reemployment with a participating employer begins
106     within one year of the retiree's retirement date.
107          (b) The office may not cancel the retirement allowance of a retiree who is reemployed
108     with a participating employer within one year of the retiree's retirement date if:
109          (i) the retiree is not reemployed by a participating employer for a period of at least 60
110     days from the retiree's retirement date;
111          (ii) upon reemployment after the break in service under Subsection (3)(b)(i), the retiree
112     does not receive any employer provided benefits, including:
113          (A) medical benefits;
114          (B) dental benefits;
115          (C) other insurance benefits except for workers' compensation as provided under Title
116     34A, Chapter 2, Workers' Compensation Act, and withholdings required by federal or state law
117     for Social Security, Medicare, and unemployment insurance; or
118          (D) paid time off, including sick, annual, or other type of leave; and

119          (iii) (A) the retiree does not earn in any calendar year of reemployment an amount in
120     excess of the lesser of $15,000 or one-half of the retiree's final average salary upon which the
121     retiree's retirement allowance is based; or
122          (B) the retiree is reemployed as a judge as defined under Section 78A-11-102.
123          (c) Beginning January 1, 2013, the board shall adjust the amounts under Subsection
124     (3)(b)(iii)(A) by the annual change in the Consumer Price Index during the previous calendar
125     year as measured by a United States Bureau of Labor Statistics Consumer Price Index average
126     as determined by the board.
127          (d) The office shall cancel the retirement allowance of a retiree for the remainder of the
128     calendar year if the reemployment with a participating employer exceeds the limitation under
129     Subsection (3)(b)(iii)(A).
130          (e) If a retiree is reemployed under the provisions of Subsection (3)(b), the termination
131     date of the reemployment, as confirmed in writing by the participating employer, is considered
132     the retiree's retirement date for the purpose of calculating the separation requirement under
133     Subsection (3)(a).
134          (4) If a reemployed retiree has completed the one-year separation from employment
135     with a participating employer required under Subsection (3)(a), the retiree may elect to:
136          (a) earn additional service credit in accordance with this title and cancel the retiree's
137     retirement allowance; or
138          (b) continue to receive the retiree's retirement allowance and forfeit any retirement
139     related contribution from the participating employer who reemployed the retiree.
140          (5) A participating employer who reemploys a retiree shall contribute to the office the
141     amortization rate, as defined in Section 49-11-102, to be applied to the system that would have
142     covered the retiree, if the reemployed retiree:
143          (a) has completed the one-year separation from employment with a participating
144     employer required under Subsection (3)(a); and
145          (b) makes an election under Subsection (4)(b) to continue to receive a retirement
146     allowance while reemployed.
147          (6) (a) A participating employer shall immediately notify the office:
148          (i) if the participating employer reemploys a retiree;
149          (ii) whether the reemployment is subject to Subsection (3)(b) or (4) of this section; and

150          (iii) of any election by the retiree under Subsection (4).
151          (b) A participating employer shall certify to the office whether the position of an
152     elected official is or is not full time.
153          (c) A participating employer is liable to the office for a payment or failure to make a
154     payment in violation of this section.
155          (d) If a participating employer fails to notify the office in accordance with this section,
156     the participating employer is immediately subject to a compliance audit by the office.
157          (7) (a) The office shall immediately cancel the retirement allowance of a retiree in
158     accordance with Subsection (7)(b) if the office receives notice or learns of:
159          (i) the reemployment of a retiree in violation of Subsection (3); or
160          (ii) the election of a reemployed retiree under Subsection (4)(a).
161          (b) If the retiree is eligible for retirement coverage in the reemployed position, the
162     office shall cancel the allowance of a retiree subject to Subsection (7)(a), and reinstate the
163     retiree to active member status on the first day of the month following the date of:
164          (i) reemployment if the retiree is subject to Subsection (3); or
165          (ii) an election by an employee under Subsection (4)(a).
166          (c) If the retiree is not otherwise eligible for retirement coverage in the reemployed
167     position:
168          (i) the office shall cancel the allowance of a retiree subject to Subsection (7)(a)(i); and
169          (ii) the participating employer shall pay the amortization rate to the office on behalf of
170     the retiree.
171          (8) (a) A retiree subject to Subsection (7)(b) who retires within two years from the date
172     of reemployment:
173          (i) is not entitled to a recalculated retirement benefit; and
174          (ii) will resume the allowance that was being paid at the time of cancellation.
175          (b) Subject to Subsection (2), a retiree who is reinstated to active membership under
176     Subsection (7) and who retires two or more years after the date of reinstatement to active
177     membership shall:
178          (i) resume receiving the allowance that was being paid at the time of cancellation; and
179          (ii) receive an additional allowance based on the formula in effect at the date of the
180     subsequent retirement for all service credit accrued between the first and subsequent retirement

181     dates.
182          (9) (a) A retiree subject to this section shall report to the office the status of the
183     reemployment under Subsection (3) or (4).
184          (b) If the retiree fails to inform the office of an election under Subsection (4), the office
185     shall withhold one month's benefit for each month the retiree fails to inform the office under
186     Subsection (9)(a).
187          (10) A retiree shall be considered as having completed the one-year separation from
188     employment with a participating employer required under Subsection (3)(a), if the retiree:
189          (a) before retiring:
190          (i) was employed with a participating employer as a public safety service employee as
191     defined in Section 49-14-102, 49-15-102, or 49-23-102;
192          (ii) and during the employment under Subsection (10)(a)(i), suffered a physical injury
193     resulting from external force or violence while performing the duties of the employment, and
194     for which injury the retiree would have been approved for total disability in accordance with
195     the provisions under Title 49, Chapter 21, Public Employees' Long-Term Disability Act, if
196     years of service are not considered;
197          (iii) had less than 30 years of service credit but had sufficient service credit to retire,
198     with an unreduced allowance making the public safety service employee ineligible for
199     long-term disability payments under Title 49, Chapter 21, Public Employees' Long-Term
200     Disability Act, or a substantially similar long-term disability program; and
201          (iv) does not receive any long-term disability benefits from any participating employer;
202     and
203          (b) is reemployed by a different participating employer.
204          (11) The board may make rules to implement this section.
205          Section 2. Section 49-12-401 is amended to read:
206          49-12-401. Eligibility for an allowance -- Date of retirement -- Qualifications.
207          (1) A member is qualified to receive an allowance from this system when:
208          (a) except as provided under Subsection (3), the member ceases actual work for every
209     participating employer that employs the member before the member's retirement date and
210     provides evidence of the termination;
211          (b) the member has submitted to the office a retirement application form that states the

212     member's proposed retirement date; and
213          (c) one of the following conditions is met as of the member's retirement date:
214          (i) the member has accrued at least four years of service credit and has attained an age
215     of 65 years;
216          (ii) the member has accrued at least 10 years of service credit and has attained an age
217     of 62 years;
218          (iii) the member has accrued at least 20 years of service credit and has attained an age
219     of 60 years; or
220          (iv) the member has accrued at least 30 years of service credit.
221          (2) (a) The member's retirement date:
222          (i) shall be the 1st or the 16th day of the month, as selected by the member;
223          (ii) shall be on or after the date of termination; and
224          (iii) may not be more than 90 days before or after the date the application is received by
225     the office.
226          (b) Except as provided under Subsection (3), a member may not be employed by a
227     participating employer in the system established by this chapter on the retirement date selected
228     under Subsection (2)(a)(i).
229          (3) (a) A member who is employed by a participating employer and who is also an
230     elected official is not required to cease service as an elected official to be qualified to receive
231     an allowance under Subsection (1), unless the member is retiring from service as an elected
232     official.
233          (b) A member who is employed by a participating employer and who is also a part-time
234     appointed board member is not required to cease service as a part-time appointed board
235     member to be qualified to receive an allowance under Subsection (1).
236          (c) A member who is employed by a participating employer, who is also an affiliated
237     emergency services worker as defined in Subsection 49-11-505(1)(d) for a different agency, is
238     not required to cease service as an affiliated emergency services worker to be qualified to
239     receive an allowance under Subsection (1).
240          Section 3. Section 49-13-401 is amended to read:
241          49-13-401. Eligibility for an allowance -- Date of retirement -- Qualifications.
242          (1) A member is qualified to receive an allowance from this system when:

243          (a) except as provided under Subsection (3), the member ceases actual work for every
244     participating employer that employs the member before the member's retirement date and
245     provides evidence of the termination;
246          (b) the member has submitted to the office a retirement application form that states the
247     member's proposed retirement date; and
248          (c) one of the following conditions is met as of the member's retirement date:
249          (i) the member has accrued at least four years of service credit and has attained an age
250     of 65 years;
251          (ii) the member has accrued at least 10 years of service credit and has attained an age
252     of 62 years;
253          (iii) the member has accrued at least 20 years of service credit and has attained an age
254     of 60 years;
255          (iv) the member has accrued at least 30 years of service credit; or
256          (v) the member has accrued at least 25 years of service credit, in which case the
257     member shall be subject to the reduction under Subsection 49-13-402(2)(b).
258          (2) (a) The member's retirement date:
259          (i) shall be the 1st or the 16th day of the month, as selected by the member;
260          (ii) shall be on or after the date of termination; and
261          (iii) may not be more than 90 days before or after the date the application is received by
262     the office.
263          (b) Except as provided under Subsection (3), a member may not be employed by a
264     participating employer in the system established by this chapter on the retirement date selected
265     under Subsection (2)(a)(i).
266          (3) (a) A member who is employed by a participating employer and who is also an
267     elected official is not required to cease service as an elected official to be qualified to receive
268     an allowance under Subsection (1), unless the member is retiring from service as an elected
269     official.
270          (b) A member who is employed by a participating employer and who is also a part-time
271     appointed board member is not required to cease service as a part-time appointed board
272     member to be qualified to receive an allowance under Subsection (1).
273          (c) A member who is employed by a participating employer, who is also an affiliated

274     emergency services worker as defined in Subsection 49-11-505(1)(d) for a different agency, is
275     not required to cease service as an affiliated emergency services worker to be qualified to
276     receive an allowance under Subsection (1).
277          Section 4. Section 49-14-401 is amended to read:
278          49-14-401. Eligibility for service retirement -- Date of retirement --
279     Qualifications.
280          (1) A member is qualified to receive an allowance from this system when:
281          (a) except as provided under Subsection (3), the member ceases actual work for every
282     participating employer that employs the member before the member's retirement date and
283     provides evidence of the termination;
284          (b) the member has submitted to the office a retirement application form that states the
285     member's proposed retirement date; and
286          (c) one of the following conditions is met as of the member's retirement date:
287          (i) the member has accrued at least 20 years of service credit;
288          (ii) the member has accrued at least 10 years of service credit and has attained an age
289     of 60 years; or
290          (iii) the member has accrued at least four years of service credit and has attained an age
291     of 65 years.
292          (2) (a) The member's retirement date:
293          (i) shall be the 1st or the 16th day of the month, as selected by the member;
294          (ii) shall be on or after the date of termination; and
295          (iii) may not be more than 90 days before or after the date the application is received by
296     the office.
297          (b) Except as provided under Subsection (3), a member may not be employed by a
298     participating employer in the system established by this chapter on the retirement date selected
299     under Subsection (2)(a)(i).
300          (3) (a) A member who is employed by a participating employer and who is also an
301     elected official is not required to cease service as an elected official to be qualified to receive
302     an allowance under Subsection (1), unless the member is retiring from service as an elected
303     official.
304          (b) A member who is employed by a participating employer and who is also a part-time

305     appointed board member is not required to cease service as a part-time appointed board
306     member to be qualified to receive an allowance under Subsection (1).
307          (c) A member who is employed by a participating employer, who is also an affiliated
308     emergency services worker as defined in Subsection 49-11-505(1)(d) for a different agency, is
309     not required to cease service as an affiliated emergency services worker to be qualified to
310     receive an allowance under Subsection (1).
311          Section 5. Section 49-15-401 is amended to read:
312          49-15-401. Eligibility for service retirement -- Date of retirement --
313     Qualifications.
314          (1) A member is qualified to receive an allowance from this system when:
315          (a) except as provided under Subsection (3), the member ceases actual work for every
316     participating employer that employs the member before the member's retirement date and
317     provides evidence of the termination;
318          (b) the member has submitted to the office a retirement application form that states the
319     member's proposed retirement date; and
320          (c) one of the following conditions is met as of the member's retirement date:
321          (i) the member has accrued at least 20 years of service credit;
322          (ii) the member has accrued at least 10 years of service credit and has attained an age
323     of 60 years; or
324          (iii) the member has accrued at least four years of service and has attained an age of 65
325     years.
326          (2) (a) The member's retirement date:
327          (i) shall be the 1st or the 16th day of the month, as selected by the member;
328          (ii) shall be on or after the date of termination; and
329          (iii) may not be more than 90 days before or after the date the application is received by
330     the office.
331          (b) Except as provided under Subsection (3), a member may not be employed by a
332     participating employer in the system established by this chapter on the retirement date selected
333     under Subsection (2)(a)(i).
334          (3) (a) A member who is employed by a participating employer and who is also an
335     elected official is not required to cease service as an elected official to be qualified to receive

336     an allowance under Subsection (1), unless the member is retiring from service as an elected
337     official.
338          (b) A member who is employed by a participating employer and who is also a part-time
339     appointed board member is not required to cease service as a part-time appointed board
340     member to be qualified to receive an allowance under Subsection (1).
341          (c) A member who is employed by a participating employer, who is also an affiliated
342     emergency services worker as defined in Subsection 49-11-505(1)(d) for a different agency, is
343     not required to cease service as an affiliated emergency services worker to be qualified to
344     receive an allowance under Subsection (1).
345          Section 6. Section 49-16-401 is amended to read:
346          49-16-401. Eligibility for service retirement -- Date of retirement --
347     Qualifications.
348          (1) A member is qualified to receive an allowance from this system when:
349          (a) except as provided under Subsection (3), the member ceases actual work for every
350     participating employer that employs the member before the member's retirement date and
351     provides evidence of the termination;
352          (b) the member has submitted to the office a retirement application form that states the
353     member's proposed retirement date; and
354          (c) one of the following conditions is met as of the member's retirement date:
355          (i) the member has accrued at least 20 years of service credit;
356          (ii) the member has accrued at least 10 years of service credit and has attained an age
357     of 60 years; or
358          (iii) the member has accrued at least four years of service credit and has attained an age
359     of 65 years.
360          (2) (a) The member's retirement date:
361          (i) shall be the 1st or the 16th day of the month, as selected by the firefighter service
362     employee;
363          (ii) shall be on or after the date of termination; and
364          (iii) may not be more than 90 days before or after the date the application is received by
365     the office.
366          (b) Except as provided under Subsection (3), a member may not be employed by a

367     participating employer in the system established by this chapter on the retirement date selected
368     under Subsection (2)(a)(i).
369          (3) (a) A member who is employed by a participating employer and who is also an
370     elected official is not required to cease service as an elected official to be qualified to receive
371     an allowance under Subsection (1), unless the member is retiring from service as an elected
372     official.
373          (b) A member who is employed by a participating employer and who is also a part-time
374     appointed board member is not required to cease service as a part-time appointed board
375     member to be qualified to receive an allowance under Subsection (1).
376          (c) A member who is employed by a participating employer, who is also an affiliated
377     emergency services worker as defined in Subsection 49-11-505(1)(d) for a different agency, is
378     not required to cease service as an affiliated emergency services worker to be qualified to
379     receive an allowance under Subsection (1).
380          Section 7. Section 49-22-304 is amended to read:
381          49-22-304. Defined benefit eligibility for an allowance -- Date of retirement --
382     Qualifications.
383          (1) A member is qualified to receive an allowance from this system when:
384          (a) except as provided under Subsection (3), the member ceases actual work for every
385     participating employer that employs the member before the member's retirement date and
386     provides evidence of the termination;
387          (b) the member has submitted to the office a retirement application form that states the
388     member's proposed retirement date; and
389          (c) one of the following conditions is met as of the member's retirement date:
390          (i) the member has accrued at least four years of service credit and has attained an age
391     of 65 years;
392          (ii) the member has accrued at least 10 years of service credit and has attained an age
393     of 62 years;
394          (iii) the member has accrued at least 20 years of service credit and has attained an age
395     of 60 years; or
396          (iv) the member has accrued at least 35 years of service credit.
397          (2) (a) The member's retirement date:

398          (i) shall be the 1st or the 16th day of the month, as selected by the member;
399          (ii) shall be on or after the date of termination; and
400          (iii) may not be more than 90 days before or after the date the application is received by
401     the office.
402          (b) Except as provided under Subsection (3), a member may not be employed by a
403     participating employer in the system established by this chapter on the retirement date selected
404     under Subsection (2)(a)(i).
405          (3) (a) A member who is employed by a participating employer and who is also an
406     elected official is not required to cease service as an elected official to be qualified to receive
407     an allowance under Subsection (1), unless the member is retiring from service as an elected
408     official.
409          (b) A member who is employed by a participating employer and who is also a part-time
410     appointed board member is not required to cease service as a part-time appointed board
411     member to be qualified to receive an allowance under Subsection (1).
412          (c) A member who is employed by a participating employer, who is also an affiliated
413     emergency services worker as defined in Subsection 49-11-505(1)(d) for a different agency, is
414     not required to cease service as an affiliated emergency services worker to be qualified to
415     receive an allowance under Subsection (1).
416          Section 8. Section 49-23-303 is amended to read:
417          49-23-303. Defined benefit eligibility for an allowance -- Date of retirement --
418     Qualifications.
419          (1) A member is qualified to receive an allowance from this system when:
420          (a) except as provided under Subsection (3), the member ceases actual work for every
421     participating employer that employs the member before the member's retirement date and
422     provides evidence of the termination;
423          (b) the member has submitted to the office a retirement application form that states the
424     member's proposed retirement date; and
425          (c) one of the following conditions is met as of the member's retirement date:
426          (i) the member has accrued at least four years of service credit and has attained an age
427     of 65 years;
428          (ii) the member has accrued at least 10 years of service credit and has attained an age

429     of 62 years;
430          (iii) the member has accrued at least 20 years of service credit and has attained an age
431     of 60 years; or
432          (iv) the member has accrued at least 25 years of service credit.
433          (2) (a) The member's retirement date:
434          (i) shall be the 1st or the 16th day of the month, as selected by the member;
435          (ii) shall be on or after the date of termination; and
436          (iii) may not be more than 90 days before or after the date the application is received by
437     the office.
438          (b) Except as provided under Subsection (3), a member may not be employed by a
439     participating employer in the system established by this chapter on the retirement date selected
440     under Subsection (2)(a)(i).
441          (3) (a) A member who is employed by a participating employer and who is also an
442     elected official is not required to cease service as an elected official to be qualified to receive
443     an allowance under Subsection (1), unless the member is retiring from service as an elected
444     official.
445          (b) A member who is employed by a participating employer and who is also a part-time
446     appointed board member is not required to cease service as a part-time appointed board
447     member to be qualified to receive an allowance under Subsection (1).
448          (c) A member who is employed by a participating employer, who is also an affiliated
449     emergency services worker as defined in Subsection 49-11-505(1)(d) for a different agency, is
450     not required to cease service as an affiliated emergency services worker to be qualified to
451     receive an allowance under Subsection (1).