Chief Sponsor: Rich Cunningham

Senate Sponsor: Curtis S. Bramble


8     General Description:
9          This bill modifies the Utah State Retirement and Insurance Benefit Act by adding a
10     conversion window for certain employees.
11     Highlighted Provisions:
12          This bill:
13          ▸     adds a six-month window for employers of certain entities to elect to participate in
14     the Public Employees' Noncontributory Retirement System and for eligible
15     employees to elect to participate in that system.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          49-13-205, as last amended by Laws of Utah 2009, Chapter 221

24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 49-13-205 is amended to read:
26          49-13-205. Conversion to system -- Time schedule -- Conversion windows.
27          (1) An employee governed under Section 49-13-201 shall make the election to

28     participate in this system within six months of July 1, 1986.
29          (2) (a) (i) An employer governed under Sections 49-13-201 and 49-13-202 shall make
30     the election to participate in this system within six months of July 1, 1986.
31          (ii) The employer shall indicate whether or not it elects to participate by enacting a
32     resolution or ordinance to that effect.
33          (iii) Prior to the enactment of the resolution or ordinance, a hearing shall be held by the
34     employer, at which all employees of the political subdivision shall be given an opportunity to
35     be heard on the question of participating in this system.
36          (iv) Notice of the hearing shall be mailed to all employees within 30 days of the
37     hearing and shall contain the time, place, and purpose of the hearing.
38          (b) A regular full-time employee has six months from the date the employer elects to
39     participate in this system in which to make the election to participate in this system and
40     become eligible for service credit in this system.
41          (3) Subsections (1) and (2) shall be used to provide a second time period of conversion
42     to this system beginning July 1, 1990.
43          (4) Subsections (1) and (2) shall be used to provide a third time period of conversion to
44     this system beginning July 1, 1995.
45          (5) Subsection (2) shall be used to provide a fourth time period of conversion to this
46     system beginning July 1, 2009 for an entity created under the authority of Title 11, Chapter 13,
47     Interlocal Cooperation Act, and the entity's employees.
48          (6) Subsection (2) shall be used to provide a fifth time period of conversion to this
49     system beginning July 1, 2015.
50          [(6)] (7) A member of the Contributory Retirement System who is employed by one
51     agency and who either transfers to or is reemployed by another agency shall be enrolled in the
52     Noncontributory Retirement System as of the date of employment, if the participating employer
53     has elected to participate in the Noncontributory Retirement System.

Legislative Review Note
     as of 2-17-15 1:24 PM

Office of Legislative Research and General Counsel