1     
UTAH RETIREMENT SYSTEMS REVISIONS

2     
2015 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Todd Weiler

5     
House Sponsor: Kraig Powell

6     

7     LONG TITLE
8     General Description:
9          This bill modifies the Utah State Retirement and Insurance Benefit Act by amending
10     provisions relating to the Utah Retirement Systems.
11     Highlighted Provisions:
12          This bill:
13          ▸     clarifies that the maximum number of positions that a municipality, county, or
14     political subdivision may exempt from participation with the Utah Retirement
15     Systems applies to the total number of exempted positions for employees covered
16     under both the Tier I and Tier II retirement systems;
17          ▸     specifies additional positions covered under the Tier II retirement system that are
18     eligible to file for an exemption from participation in the Utah Retirement Systems;
19          ▸     amends the applicability of contribution vesting periods and the effect of system
20     elections for individuals who elect to be exempt from participation in the Tier II
21     Utah Retirement Systems;
22          ▸     provides that a full-time elected official or legislator initially entering office on or
23     after July 1, 2011, who has service credit accrued in a Tier I retirement system or a
24     Tier II hybrid retirement system before July 1, 2011, shall continue in the Tier I or
25     Tier II system for which the full-time elected official or legislator is eligible;
26          ▸     provides that if an active member dies, employer nonelective contributions made on
27     behalf of the employee to a defined contribution plan are exempt from the vesting
28     requirements and vest to the member upon death; and
29          ▸     makes technical corrections.

30     Money Appropriated in this Bill:
31          None
32     Other Special Clauses:
33          None
34     Utah Code Sections Affected:
35     AMENDS:
36          49-12-203, as last amended by Laws of Utah 2014, Chapters 15, 201, and 365
37          49-13-203, as last amended by Laws of Utah 2014, Chapters 15 and 365
38          49-22-201, as last amended by Laws of Utah 2014, Chapter 15
39          49-22-203, as last amended by Laws of Utah 2014, Chapters 15 and 365
40          49-22-303, as last amended by Laws of Utah 2011, Chapter 439
41          49-22-401, as last amended by Laws of Utah 2013, Chapters 310 and 316
42          49-23-201, as last amended by Laws of Utah 2014, Chapter 15
43          49-23-401, as last amended by Laws of Utah 2013, Chapter 316
44     ENACTS:
45          49-22-205, Utah Code Annotated 1953
46          49-22-503, Utah Code Annotated 1953
47          49-23-203, Utah Code Annotated 1953
48          49-23-504, Utah Code Annotated 1953
49     

50     Be it enacted by the Legislature of the state of Utah:
51          Section 1. Section 49-12-203 is amended to read:
52          49-12-203. Exclusions from membership in system.
53          (1) The following employees are not eligible for service credit in this system:
54          (a) subject to the requirements of Subsection (2), an employee whose employment
55     status is temporary in nature due to the nature or the type of work to be performed;
56          (b) except as provided under Subsection (3)(a), an employee of an institution of higher
57     education who participates in a retirement system with a public or private retirement system,

58     organization, or company designated by the State Board of Regents during any period in which
59     required contributions based on compensation have been paid on behalf of the employee by the
60     employer;
61          (c) an employee serving as an exchange employee from outside the state;
62          (d) an executive department head of the state, a member of the State Tax Commission,
63     the Public Service Commission, and a member of a full-time or part-time board or commission
64     who files a formal request for exemption;
65          (e) an employee of the Department of Workforce Services who is covered under
66     another retirement system allowed under Title 35A, Chapter 4, Employment Security Act;
67          (f) an employee who is employed on or after July 1, 2009, with an employer that has
68     elected, prior to July 1, 2009, to be excluded from participation in this system under Subsection
69     49-12-202(2)(c);
70          (g) an employee who is employed on or after July 1, 2014, with an employer that has
71     elected, prior to July 1, 2014, to be excluded from participation in this system under Subsection
72     49-12-202(2)(d); or
73          (h) an employee who is employed with a withdrawing entity that has elected, prior to
74     January 1, 2017, to exclude new employees from participation in this system under Subsection
75     49-11-623(3).
76          (2) If an employee whose status is temporary in nature due to the nature of type of
77     work to be performed:
78          (a) is employed for a term that exceeds six months and the employee otherwise
79     qualifies for service credit in this system, the participating employer shall report and certify to
80     the office that the employee is a regular full-time employee effective the beginning of the
81     seventh month of employment; or
82          (b) was previously terminated prior to being eligible for service credit in this system
83     and is reemployed within three months of termination by the same participating employer, the
84     participating employer shall report and certify that the member is a regular full-time employee
85     when the total of the periods of employment equals six months and the employee otherwise

86     qualifies for service credits in this system.
87          (3) (a) Upon cessation of the participating employer contributions, an employee under
88     Subsection (1)(b) is eligible for service credit in this system.
89          (b) Notwithstanding the provisions of Subsection (1)(f), any eligibility for service
90     credit earned by an employee under this chapter before July 1, 2009 is not affected under
91     Subsection (1)(f).
92          (c) Notwithstanding the provisions of Subsection (1)(g), any eligibility for service
93     credit earned by an employee under this chapter before July 1, 2014, is not affected under
94     Subsection (1)(g).
95          (4) Upon filing a written request for exemption with the office, the following
96     employees shall be exempt from coverage under this system:
97          (a) a full-time student or the spouse of a full-time student and individuals employed in
98     a trainee relationship;
99          (b) an elected official;
100          (c) an executive department head of the state, a member of the State Tax Commission,
101     a member of the Public Service Commission, and a member of a full-time or part-time board or
102     commission;
103          (d) an employee of the Governor's Office of Management and Budget;
104          (e) an employee of the Governor's Office of Economic Development;
105          (f) an employee of the Commission on Criminal and Juvenile Justice;
106          (g) an employee of the Governor's Office;
107          (h) an employee of the State Auditor's Office;
108          (i) an employee of the State Treasurer's Office;
109          (j) any other member who is permitted to make an election under Section 49-11-406;
110          (k) a person appointed as a city manager or chief city administrator or another person
111     employed by a municipality, county, or other political subdivision, who is an at-will employee;
112     and
113          (l) an employee of an interlocal cooperative agency created under Title 11, Chapter 13,

114     Interlocal Cooperation Act, who is engaged in a specialized trade customarily provided through
115     membership in a labor organization that provides retirement benefits to its members.
116          (5) (a) Each participating employer shall prepare a list designating those positions
117     eligible for exemption under Subsection (4).
118          (b) An employee may not be exempted unless the employee is employed in an
119     exempted position designated by the participating employer.
120          (6) (a) In accordance with this section, Section 49-13-203, and Section 49-22-205, a
121     municipality, county, or political subdivision may not exempt a total of more than 50 positions
122     or a number equal to 10% of the employees of the municipality, county, or political
123     subdivision, whichever is [lesser] less.
124          (b) A municipality, county, or political subdivision may exempt at least one regular
125     full-time employee.
126          (7) Each participating employer shall:
127          (a) file employee exemptions annually with the office; and
128          (b) update the employee exemptions in the event of any change.
129          (8) The office may make rules to implement this section.
130          Section 2. Section 49-13-203 is amended to read:
131          49-13-203. Exclusions from membership in system.
132          (1) The following employees are not eligible for service credit in this system:
133          (a) subject to the requirements of Subsection (2), an employee whose employment
134     status is temporary in nature due to the nature or the type of work to be performed;
135          (b) except as provided under Subsection (3)(a), an employee of an institution of higher
136     education who participates in a retirement system with a public or private retirement system,
137     organization, or company designated by the State Board of Regents during any period in which
138     required contributions based on compensation have been paid on behalf of the employee by the
139     employer;
140          (c) an employee serving as an exchange employee from outside the state;
141          (d) an executive department head of the state or a legislative director, senior executive

142     employed by the governor's office, a member of the State Tax Commission, a member of the
143     Public Service Commission, and a member of a full-time or part-time board or commission
144     who files a formal request for exemption;
145          (e) an employee of the Department of Workforce Services who is covered under
146     another retirement system allowed under Title 35A, Chapter 4, Employment Security Act;
147          (f) an employee who is employed with an employer that has elected to be excluded
148     from participation in this system under Subsection 49-13-202(5), effective on or after the date
149     of the employer's election under Subsection 49-13-202(5); or
150          (g) an employee who is employed with a withdrawing entity that has elected, prior to
151     January 1, 2017, to exclude new employees from participation in this system under Subsection
152     49-11-623(3).
153          (2) If an employee whose status is temporary in nature due to the nature of type of
154     work to be performed:
155          (a) is employed for a term that exceeds six months and the employee otherwise
156     qualifies for service credit in this system, the participating employer shall report and certify to
157     the office that the employee is a regular full-time employee effective the beginning of the
158     seventh month of employment; or
159          (b) was previously terminated prior to being eligible for service credit in this system
160     and is reemployed within three months of termination by the same participating employer, the
161     participating employer shall report and certify that the member is a regular full-time employee
162     when the total of the periods of employment equals six months and the employee otherwise
163     qualifies for service credits in this system.
164          (3) (a) Upon cessation of the participating employer contributions, an employee under
165     Subsection (1)(b) is eligible for service credit in this system.
166          (b) Notwithstanding the provisions of Subsection (1)(f), any eligibility for service
167     credit earned by an employee under this chapter before the date of the election under
168     Subsection 49-13-202(5) is not affected under Subsection (1)(f).
169          (4) Upon filing a written request for exemption with the office, the following

170     employees shall be exempt from coverage under this system:
171          (a) a full-time student or the spouse of a full-time student and individuals employed in
172     a trainee relationship;
173          (b) an elected official;
174          (c) an executive department head of the state, a member of the State Tax Commission,
175     a member of the Public Service Commission, and a member of a full-time or part-time board or
176     commission;
177          (d) an employee of the Governor's Office of Management and Budget;
178          (e) an employee of the Governor's Office of Economic Development;
179          (f) an employee of the Commission on Criminal and Juvenile Justice;
180          (g) an employee of the Governor's Office;
181          (h) an employee of the State Auditor's Office;
182          (i) an employee of the State Treasurer's Office;
183          (j) any other member who is permitted to make an election under Section 49-11-406;
184          (k) a person appointed as a city manager or chief city administrator or another person
185     employed by a municipality, county, or other political subdivision, who is an at-will employee;
186          (l) an employee of an interlocal cooperative agency created under Title 11, Chapter 13,
187     Interlocal Cooperation Act, who is engaged in a specialized trade customarily provided through
188     membership in a labor organization that provides retirement benefits to its members; and
189          (m) an employee of the Utah Science Technology and Research Initiative created under
190     Title 63M, Chapter 2, Utah Science Technology and Research Governing Authority Act.
191          (5) (a) Each participating employer shall prepare a list designating those positions
192     eligible for exemption under Subsection (4).
193          (b) An employee may not be exempted unless the employee is employed in a position
194     designated by the participating employer.
195          (6) (a) In accordance with this section, Section 49-12-203, and Section 49-22-205, a
196     municipality, county, or political subdivision may not exempt a total of more than 50 positions
197     or a number equal to 10% of the employees of the municipality, county, or political

198     subdivision, whichever is [lesser] less.
199          (b) A municipality, county, or political subdivision may exempt at least one regular
200     full-time employee.
201          (7) Each participating employer shall:
202          (a) file employee exemptions annually with the office; and
203          (b) update the employee exemptions in the event of any change.
204          (8) The office may make rules to implement this section.
205          Section 3. Section 49-22-201 is amended to read:
206          49-22-201. System membership -- Eligibility.
207          (1) Beginning July 1, 2011, a participating employer shall participate in this system.
208          (2) (a) A person initially entering regular full-time employment with a participating
209     employer on or after July 1, 2011, who does not have service credit accrued before July 1,
210     2011, in a Tier I system or plan administered by the board, is eligible:
211          (i) as a member for service credit and defined contributions under the Tier II hybrid
212     retirement system established by Part 3, Tier II Hybrid Retirement System; or
213          (ii) as a participant for defined contributions under the Tier II defined contribution plan
214     established by Part 4, Tier II Defined Contribution Plan.
215          (b) A person initially entering regular full-time employment with a participating
216     employer on or after July 1, 2011, shall:
217          (i) make an election to participate in the system created under this chapter [within 30
218     days from the date of eligibility for accrual of benefits]:
219          (A) as a member for service credit and defined contributions under the Tier II hybrid
220     retirement system established by Part 3, Tier II Hybrid Retirement System; or
221          (B) as a participant for defined contributions under the Tier II defined contribution plan
222     established by Part 4, Tier II Defined Contribution Plan; and
223          (ii) electronically submit to the office notification of the member's election under
224     Subsection (2)(b)(i) in a manner approved by the office.
225          (c) An election made by a person initially entering regular full-time employment with a

226     participating employer under this Subsection (2) is irrevocable beginning one year from the
227     date of eligibility for accrual of benefits.
228          (d) If no election is made under Subsection (2)(b)(i), the person shall become a
229     member eligible for service credit and defined contributions under the Tier II hybrid retirement
230     system established by Part 3, Tier II Hybrid Retirement System.
231          (3) Notwithstanding the provisions of this section and except as provided in Subsection
232     (4), an elected official initially entering office on or after July 1, 2011:
233          (a) is only eligible to participate in the Tier II defined contribution plan established
234     under [Chapter 22,] Part 4, Tier II Defined Contribution Plan; and
235          (b) is not eligible to participate in the Tier II hybrid retirement system established
236     under [Chapter 22,] Part 3, Tier II Hybrid Retirement System.
237          (4) Notwithstanding the provisions of Subsection (3), a legislator or full-time elected
238     official initially entering office on or after July 1, 2011, who has service credit accrued before
239     July 1, 2011:
240          (a) in a Tier I retirement system or plan administered by the board shall continue in the
241     Tier I system or plan for which the legislator or full-time elected official is eligible; or
242          (b) in a Tier II hybrid retirement system shall continue in the Tier II system for which
243     the legislator or full-time elected official is eligible.
244          Section 4. Section 49-22-203 is amended to read:
245          49-22-203. Exclusions from membership in system.
246          (1) The following employees are not eligible for service credit in this system:
247          (a) subject to the requirements of Subsection (2), an employee whose employment
248     status is temporary in nature due to the nature or the type of work to be performed;
249          (b) except as provided under Subsection (3), an employee of an institution of higher
250     education who participates in a retirement system with a public or private retirement system,
251     organization, or company designated by the State Board of Regents during any period in which
252     required contributions based on compensation have been paid on behalf of the employee by the
253     employer;

254          (c) an employee serving as an exchange employee from outside the state;
255          (d) an employee of the Department of Workforce Services who is covered under
256     another retirement system allowed under Title 35A, Chapter 4, Employment Security Act; [or]
257          (e) an employee who is employed with a withdrawing entity that has elected, prior to
258     January 1, 2017, to exclude new employees from participation in this system under Subsection
259     49-11-623(3)[.]; or
260          (f) a person who files a written request for exemption with the office under Section
261     49-22-205.
262          (2) If an employee whose status is temporary in nature due to the nature of type of
263     work to be performed:
264          (a) is employed for a term that exceeds six months and the employee otherwise
265     qualifies for service credit in this system, the participating employer shall report and certify to
266     the office that the employee is a regular full-time employee effective the beginning of the
267     seventh month of employment; or
268          (b) was previously terminated prior to being eligible for service credit in this system
269     and is reemployed within three months of termination by the same participating employer, the
270     participating employer shall report and certify that the member is a regular full-time employee
271     when the total of the periods of employment equals six months and the employee otherwise
272     qualifies for service credits in this system.
273          (3) Upon cessation of the participating employer contributions, an employee under
274     Subsection (1)(b) is eligible for service credit in this system.
275          Section 5. Section 49-22-205 is enacted to read:
276          49-22-205. Exemptions from participation in system.
277          (1) Upon filing a written request for exemption with the office, the following
278     employees are exempt from participation in the system as provided in this section:
279          (a) an elected official;
280          (b) an executive department head of the state;
281          (c) a member of the State Tax Commission;

282          (d) a member of the Public Service Commission;
283          (e) a member of a full-time or part-time board or commission;
284          (f) an employee of the Governor's Office of Management and Budget;
285          (g) an employee of the Governor's Office of Economic Development;
286          (h) an employee of the Commission on Criminal and Juvenile Justice;
287          (i) an employee of the Governor's Office;
288          (j) an employee of the State Auditor's Office;
289          (k) an employee of the State Treasurer's Office;
290          (l) any other member who is permitted to make an election under Section 49-11-406;
291          (m) a person appointed as a city manager or appointed as a city administrator or
292     another at-will employee of a municipality, county, or other political subdivision;
293          (n) an employee of an interlocal cooperative agency created under Title 11, Chapter 13,
294     Interlocal Cooperation Act, who is engaged in a specialized trade customarily provided through
295     membership in a labor organization that provides retirement benefits to its members; and
296          (o) an employee of the Utah Science Technology and Research Initiative created under
297     Title 63M, Chapter 2, Utah Science Technology and Research Governing Authority Act.
298          (2) (a) A participating employer shall prepare a list designating those positions eligible
299     for exemption under Subsection (1).
300          (b) An employee may not be exempted unless the employee is employed in a position
301     designated by the participating employer under Subsection (1).
302          (3) (a) In accordance with this section, Section 49-12-203, and Section 49-13-203, a
303     municipality, county, or political subdivision may not exempt a total of more than 50 positions
304     or a number equal to 10% of the employees of the municipality, county, or political
305     subdivision, whichever is less.
306          (b) A municipality, county, or political subdivision may exempt at least one regular
307     full-time employee.
308          (4) Each participating employer shall:
309          (a) file each employee exemption annually with the office; and

310          (b) update an employee exemption in the event of any change.
311          (5) Beginning on the effective date of the exemption for an employee who elects to be
312     exempt in accordance with Subsection (1):
313          (a) for a member of the Tier II defined contribution plan:
314          (i) the participating employer shall contribute the nonelective contribution and the
315     amortization rate described in Section 49-22-401, except that the nonelective contribution is
316     exempt from the vesting requirements of Subsection 49-22-401(3)(a); and
317          (ii) the member may make voluntary deferrals as provided in Section 49-22-401; and
318          (b) for a member of the Tier II hybrid retirement system:
319          (i) the participating employer shall contribute the nonelective contribution and the
320     amortization rate described in Section 49-22-401, except that the contribution is exempt from
321     the vesting requirements of Subsection 49-22-401(3)(a);
322          (ii) the member may make voluntary deferrals as provided in Section 49-22-401; and
323          (iii) the member is not eligible for additional service credit in the system.
324          (6) If an employee who is a member of the Tier II hybrid retirement system
325     subsequently revokes the election of exemption made under Subsection (1), the provisions
326     described in Subsection (5)(b) shall no longer be applicable and the coverage for the employee
327     shall be effective prospectively as provided in Part 3, Tier II Hybrid Retirement System.
328          (7) (a) All employer contributions made on behalf of an employee shall be invested in
329     accordance with Subsection 49-22-303(3)(a) or 49-22-401(4)(a) until the one-year election
330     period under Subsection 49-22-201(2)(c) is expired if the employee:
331          (i) elects to be exempt in accordance with Subsection (1); and
332          (ii) continues employment with the participating employer through the one-year
333     election period under Subsection 49-22-201(2)(c).
334          (b) An employee is entitled to receive a distribution of the employer contributions
335     made on behalf of the employee and all associated investment gains and losses if the employee:
336          (i) elects to be exempt in accordance with Subsection (1); and
337          (ii) terminates employment prior to the one-year election period under Subsection

338     49-22-201(2)(c).
339          (8) (a) The office shall make rules to implement this section.
340          (b) The rules made under this Subsection (8) shall include provisions to allow the
341     exemption provided under Subsection (1) to apply to all contributions made beginning on or
342     after July 1, 2011, on behalf of an exempted employee who began the employment before May
343     8, 2012.
344          Section 6. Section 49-22-303 is amended to read:
345          49-22-303. Defined contribution benefit established -- Contribution by employer
346     and employee -- Vesting of contributions -- Plans to be separate -- Tax-qualified status of
347     plans.
348          (1) (a) A participating employer shall make a nonelective contribution on behalf of
349     each regular full-time employee who is a member of this system in an amount equal to 10%
350     minus the contribution rate paid by the employer pursuant to Subsection 49-22-301(2)(a) of the
351     member's compensation to a defined contribution plan qualified under Section 401(k) of the
352     Internal Revenue Code which:
353          (i) is sponsored by the board; and
354          (ii) has been grandfathered under Section 1116 of the Federal Tax Reform Act of 1986.
355          (b) The member may make voluntary deferrals to:
356          (i) the qualified 401(k) plan which receives the employer contribution described in this
357     Subsection (1); or
358          (ii) at the member's option, another defined contribution plan established by the
359     participating employer.
360          (2) (a) The total amount contributed by the participating employer under Subsection
361     (1)(a), including associated investment gains and losses, vests to the member upon accruing
362     four years of service credit under this title.
363          (b) The total amount contributed by the member under Subsection (1)(b) vests to the
364     member's benefit immediately and is nonforfeitable.
365          (3) (a) Contributions made by a participating employer under Subsection (1)(a) shall be

366     invested in a default option selected by the board until the member is vested in accordance with
367     Subsection (2)(a).
368          (b) A member may direct the investment of contributions made by a participating
369     employer under Subsection (1)(a) only after the contributions have vested in accordance with
370     Subsection (2)(a).
371          (c) A member may direct the investment of contributions made by the member under
372     Subsection (1)(b).
373          (4) No loans shall be available from contributions made by a participating employer
374     under Subsection (1)(a).
375          (5) No hardship distributions shall be available from contributions made by a
376     participating employer under Subsection (1)(a).
377          (6) (a) Except as provided in Subsection (6)(b) and Section 49-22-205, if a member
378     terminates employment with a participating employer prior to the vesting period described in
379     Subsection (2)(a), all contributions, including associated investment gains and losses, made by
380     a participating employer on behalf of the member under Subsection (1)(a) are subject to
381     forfeiture.
382          (b) If a member who terminates employment with a participating employer prior to the
383     vesting period described in Subsection (2)(a) subsequently enters employment with the same or
384     another participating employer within 10 years of the termination date of the previous
385     employment:
386          (i) all contributions made by the previous participating employer on behalf of the
387     member, including associated investment gains and losses, shall be reinstated upon
388     employment as a regular full-time employee; and
389          (ii) the length of time that the member worked with the previous employer shall be
390     included in determining whether the member has completed the vesting period under
391     Subsection (2)(a).
392          (c) The office shall establish a forfeiture account and shall specify the uses of the
393     forfeiture account, which may include an offset against administrative costs or employer

394     contributions made under this section.
395          (7) The office may request from any other qualified 401(k) plan under Subsection (1)
396     or (2) any relevant information pertaining to the maintenance of its tax qualification under the
397     Internal Revenue Code.
398          (8) The office may take any action which in its judgment is necessary to maintain the
399     tax-qualified status of its 401(k) defined contribution plan under federal law.
400          Section 7. Section 49-22-401 is amended to read:
401          49-22-401. Contributions -- Rates.
402          (1) Up to the amount allowed by federal law, the participating employer shall make a
403     nonelective contribution of 10% of the participant's compensation to a defined contribution
404     plan.
405          (2) (a) The participating employer shall contribute the 10% nonelective contribution
406     described in Subsection (1) to a defined contribution plan qualified under Section 401(k) of the
407     Internal Revenue Code which:
408          (i) is sponsored by the board; and
409          (ii) has been grandfathered under Section 1116 of the Federal Tax Reform Act of 1986.
410          (b) The member may make voluntary deferrals to:
411          (i) the qualified 401(k) plan which receives the employer contribution described in this
412     Subsection (2); or
413          (ii) at the member's option, another defined contribution plan established by the
414     participating employer.
415          (c) In addition to the percent specified under Subsection (2)(a), the participating
416     employer shall pay the corresponding Tier I system amortization rate of the employee's
417     compensation to the office to be applied to the employer's corresponding Tier I system liability.
418          (3) (a) Except as provided under Subsection (3)(c), the total amount contributed by the
419     participating employer under Subsection (2)(a) vests to the member upon accruing four years
420     employment as a regular full-time employee under this title.
421          (b) The total amount contributed by the member under Subsection (2)(b) vests to the

422     member's benefit immediately and is nonforfeitable.
423          (c) Upon filing a written request for exemption with the office, [the following
424     employees are] an eligible employee is exempt from the vesting requirements of Subsection
425     (3)(a)[:] in accordance with Section 49-22-205.
426          [(i) an executive department head of the state;]
427          [(ii) a member of the State Tax Commission;]
428          [(iii) a member of the Public Service Commission;]
429          [(iv) an employee of the Governor's Office of Management and Budget;]
430          [(v) an employee of the Governor's Office of Economic Development;]
431          [(vi) an employee of the Commission on Criminal and Juvenile Justice;]
432          [(vii) an employee of the Governor's Office;]
433          [(viii) an employee of the State Auditor's Office;]
434          [(ix) an employee of the State Treasurer's Office;]
435          [(x) a person appointed as a city manager or appointed as a city administrator or
436     another at-will employee of a municipality, county, or other political subdivision;]
437          [(xi) an employee of an interlocal cooperative agency created under Title 11, Chapter
438     13, Interlocal Cooperation Act, who is engaged in a specialized trade customarily provided
439     through membership in a labor organization that provides retirement benefits to its members;
440     and]
441          [(xii) an employee of the Utah Science Technology and Research Initiative created
442     under Title 63M, Chapter 2, Utah Science Technology and Research Governing Authority Act.]
443          [(d) (i) A participating employer shall prepare a list designating those positions eligible
444     for exemption under Subsection (3)(c).]
445          [(ii) An employee may not be exempted unless the employee is employed in a position
446     designated by the participating employer under Subsection (3)(c).]
447          [(e) (i) All employer contributions made on behalf of an employee shall be invested in
448     accordance with Subsection 49-22-303(3)(a) until the one-year election period under
449     Subsection 49-22-201(2)(c) is expired if the employee:]

450          [(A) elects to be exempt in accordance with Subsection (3)(c); and]
451          [(B) continues employment with the participating employer through the one-year
452     election period under Subsection 49-22-201(2)(c).]
453          [(ii) An employee is entitled to receive a distribution of the employer contributions
454     made on behalf of the employee and all associated investment gains and losses if the
455     employee:]
456          [(A) elects to be exempt in accordance with Subsection (3)(c); and]
457          [(B) terminates employment prior to the one-year election period under Subsection
458     49-22-201(2)(c).]
459          [(f) (i) In accordance with this section, a municipality, county, or political subdivision
460     may not exempt more than 50 positions or a number equal to 10% of the employees of the
461     municipality, county, or political subdivision, whichever is less.]
462          [(ii) A municipality, county, or political subdivision may exempt at least one regular
463     full-time employee.]
464          [(g) Each participating employer shall:]
465          [(i) file each employee exemption annually with the office; and]
466          [(ii) update an employee exemption in the event of any change.]
467          [(h) (i) The office shall make rules to implement this Subsection (3).]
468          [(ii) The rules made under Subsection (3)(h)(i) shall include provisions to allow the
469     exemption provided under Subsection (3)(c) to apply to all contributions made beginning on or
470     after July 1, 2011, on behalf of an exempted employee who began the employment before May
471     8, 2012.]
472          (4) (a) Contributions made by a participating employer under Subsection (2)(a) shall be
473     invested in a default option selected by the board until the member is vested in accordance with
474     Subsection (3)(a).
475          (b) A member may direct the investment of contributions including associated
476     investment gains and losses made by a participating employer under Subsection (2)(a) only
477     after the contributions have vested in accordance with Subsection (3)(a).

478          (c) A member may direct the investment of contributions made by the member under
479     Subsection (3)(b).
480          (5) No loans shall be available from contributions made by a participating employer
481     under Subsection (2)(a).
482          (6) No hardship distributions shall be available from contributions made by a
483     participating employer under Subsection (2)(a).
484          (7) (a) Except as provided in Subsection (7)(b), if a member terminates employment
485     with a participating employer prior to the vesting period described in Subsection (3)(a), all
486     contributions made by a participating employer on behalf of the member including associated
487     investment gains and losses under Subsection (2)(a) are subject to forfeiture.
488          (b) If a member who terminates employment with a participating employer prior to the
489     vesting period described in Subsection (3)(a) subsequently enters employment with the same or
490     another participating employer within 10 years of the termination date of the previous
491     employment:
492          (i) all contributions made by the previous participating employer on behalf of the
493     member including associated investment gains and losses shall be reinstated upon the member's
494     employment as a regular full-time employee; and
495          (ii) the length of time that the member worked with the previous employer shall be
496     included in determining whether the member has completed the vesting period under
497     Subsection (3)(a).
498          (c) The office shall establish a forfeiture account and shall specify the uses of the
499     forfeiture account, which may include an offset against administrative costs or employer
500     contributions made under this section.
501          (8) The office may request from any other qualified 401(k) plan under Subsection (2)
502     any relevant information pertaining to the maintenance of its tax qualification under the
503     Internal Revenue Code.
504          (9) The office may take any action which in its judgment is necessary to maintain the
505     tax-qualified status of its 401(k) defined contribution plan under federal law.

506          Section 8. Section 49-22-503 is enacted to read:
507          49-22-503. Death of members -- Exemption from vesting requirements for
508     employer nonelective contributions to defined contribution plan.
509          (1) (a) If an active member dies, employer nonelective contributions made on behalf of
510     the employee to a defined contribution plan under Section 49-22-303 or 49-22-401 are exempt
511     from the vesting requirements of Subsections 49-22-303(2)(a) and 49-22-401(3)(a).
512          (b) The total amount of nonelective contributions made by the participating employer
513     vests to the member upon death and the member's beneficiary is entitled to receive a
514     distribution of the employer contributions made on behalf of the employee and all associated
515     investment gains and losses.
516          (2) Employer contributions vested and distributed under this section are in addition to
517     and separate from the benefits payable under Sections 49-22-501 and 49-22-502.
518          Section 9. Section 49-23-201 is amended to read:
519          49-23-201. System membership -- Eligibility.
520          (1) Beginning July 1, 2011, a participating employer that employs public safety service
521     employees or firefighter service employees shall participate in this system.
522          (2) (a) A public safety service employee or a firefighter service employee initially
523     entering employment with a participating employer on or after July 1, 2011, who does not have
524     service credit accrued before July 1, 2011, in a Tier I system or plan administered by the board,
525     is eligible:
526          (i) as a member for service credit and defined contributions under the Tier II hybrid
527     retirement system established by Part 3, Tier II Hybrid Retirement System; or
528          (ii) as a participant for defined contributions under the Tier II defined contributions
529     plan established by Part 4, Tier II Defined Contribution Plan.
530          (b) A public safety service employee or a firefighter service employee initially entering
531     employment with a participating employer on or after July 1, 2011, shall:
532          (i) make an election to participate in the system created under this chapter [within 30
533     days from the date of eligibility for accrual of benefits]:

534          (A) as a member for service credit and defined contributions under the Tier II hybrid
535     retirement system established by Part 3, Tier II Hybrid Retirement System; or
536          (B) as a participant for defined contributions under the Tier II defined contribution plan
537     established by Part 4, Tier II Defined Contribution Plan; and
538          (ii) electronically submit to the office notification of the member's election under
539     Subsection (2)(b)(i) in a manner approved by the office.
540          (c) An election made by a public safety service employee or firefighter service
541     employee initially entering employment with a participating employer under this Subsection (2)
542     is irrevocable beginning one year from the date of eligibility for accrual of benefits.
543          (d) If no election is made under Subsection (2)(b)(i), the public safety service employee
544     or firefighter service employee shall become a member eligible for service credit and defined
545     contributions under the Tier II hybrid retirement system established by Part 3, Tier II Hybrid
546     Retirement System.
547          Section 10. Section 49-23-203 is enacted to read:
548          49-23-203. Exemptions from participation in system.
549          (1) Upon filing a written request for exemption with the office, the following
550     employees are exempt from participation in the system as provided in this section if the
551     employee is a public safety service employee and is:
552          (a) an executive department head of the state;
553          (b) an elected or appointed sheriff of a county; or
554          (c) an elected or appointed chief of police of a municipality.
555          (2) (a) A participating employer shall prepare a list designating those positions eligible
556     for exemption under Subsection (1).
557          (b) An employee may not be exempted unless the employee is employed in a position
558     designated by the participating employer under Subsection (1).
559          (3) Each participating employer shall:
560          (a) file each employee exemption annually with the office; and
561          (b) update an employee exemption in the event of any change.

562          (4) Beginning on the effective date of the exemption for an employee who elects to be
563     exempt in accordance with Subsection (1):
564          (a) for a member of the Tier II defined contribution plan:
565          (i) the participating employer shall contribute the nonelective contribution and the
566     amortization rate described in Section 49-23-401, except that the contribution is exempt from
567     the vesting requirements of Subsection 49-23-401(3)(a); and
568          (ii) the member may make voluntary deferrals as provided in Section 49-23-401; and
569          (b) for a member of the Tier II hybrid retirement system:
570          (i) the participating employer shall contribute the nonelective contribution and the
571     amortization rate described in Section 49-23-401, except that the contribution is exempt from
572     the vesting requirements of Subsection 49-23-401(3)(a);
573          (ii) the member may make voluntary deferrals as provided in Section 49-23-401; and
574          (iii) the member is not eligible for additional service credit in the system.
575          (5) If an employee who is a member of the Tier II hybrid retirement system
576     subsequently revokes the election of exemption made under Subsection (1), the provisions
577     described in Subsection (4)(b) shall no longer be applicable and the coverage for the employee
578     shall be effective prospectively as provided in Part 3, Tier II Hybrid Retirement System.
579          (6) (a) All employer contributions made on behalf of an employee shall be invested in
580     accordance with Subsection 49-23-302(3)(a) or 49-23-401(4)(a) until the one-year election
581     period under Subsection 49-23-201(2)(c) is expired if the employee:
582          (i) elects to be exempt in accordance with Subsection (1); and
583          (ii) continues employment with the participating employer through the one-year
584     election period under Subsection 49-23-201(2)(c).
585          (b) An employee is entitled to receive a distribution of the employer contributions
586     made on behalf of the employee and all associated investment gains and losses if the employee:
587          (i) elects to be exempt in accordance with Subsection (1); and
588          (ii) terminates employment prior to the one-year election period under Subsection
589     49-23-201(2)(c).

590          (7) (a) The office shall make rules to implement this section.
591          (b) The rules made under this Subsection (7) shall include provisions to allow the
592     exemption provided under Subsection (1) to apply to all contributions made beginning on or
593     after July 1, 2011, on behalf of an exempted employee who began the employment before May
594     8, 2012.
595          Section 11. Section 49-23-401 is amended to read:
596          49-23-401. Contributions -- Rates.
597          (1) Up to the amount allowed by federal law, the participating employer shall make a
598     nonelective contribution of 12% of the participant's compensation to a defined contribution
599     plan.
600          (2) (a) The participating employer shall contribute the 12% nonelective contribution
601     described in Subsection (1) to a defined contribution plan qualified under Section 401(k) of the
602     Internal Revenue Code which:
603          (i) is sponsored by the board; and
604          (ii) has been grandfathered under Section 1116 of the Federal Tax Reform Act of 1986.
605          (b) The member may make voluntary deferrals to:
606          (i) the qualified 401(k) plan which receives the employer contribution described in this
607     Subsection (2); or
608          (ii) at the member's option, another defined contribution plan established by the
609     participating employer.
610          (c) In addition to the percent specified under Subsection (2)(a), the participating
611     employer shall pay the corresponding Tier I system amortization rate of the employee's
612     compensation to the office to be applied to the employer's corresponding Tier I system liability.
613          (3) (a) Except as provided under Subsection (3)(c), the total amount contributed by the
614     participating employer under Subsection (2)(a) vests to the member upon accruing four years of
615     service credit under this title.
616          (b) The total amount contributed by the member under Subsection (2)(b) vests to the
617     member's benefit immediately and is nonforfeitable.

618          (c) Upon filing a written request for exemption with the office, [the following
619     employees are] an eligible employee is exempt from the vesting requirements of Subsection
620     (3)(a) [if the employee is a public safety service employee and is:] in accordance with Section
621     49-23-203.
622          [(i) an executive department head of the state;]
623          [(ii) an elected or appointed sheriff of a county; or]
624          [(iii) an elected or appointed chief of police of a municipality.]
625          [(d) (i) A participating employer shall prepare a list designating those positions eligible
626     for exemption under Subsection (3)(c).]
627          [(ii) An employee may not be exempted unless the employee is employed in a position
628     designated by the participating employer under Subsection (3)(c).]
629          [(e) (i) All employer contributions made on behalf of an employee shall be invested in
630     accordance with Subsection 49-23-302(3)(a) until the one-year election period under
631     Subsection 49-23-201(2)(c) is expired if the employee:]
632          [(A) elects to be exempt in accordance with Subsection (3)(c); and]
633          [(B) continues employment with the participating employer through the one-year
634     election period under Subsection 49-23-201(2)(c).]
635          [(ii) An employee is entitled to receive a distribution of the employer contributions
636     made on behalf of the employee and all associated investment gains and losses if the
637     employee:]
638          [(A) elects to be exempt in accordance with Subsection (3)(c); and]
639          [(B) terminates employment prior to the one-year election period under Subsection
640     49-23-201(2)(c).]
641          [(f) Each participating employer shall:]
642          [(i) file each employee exemption annually with the office; and]
643          [(ii) update an employee exemption in the event of any change.]
644          [(g) (i) The office shall make rules to implement this Subsection (3).]
645          [(ii) The rules made under Subsection (3)(g)(i) shall include provisions to allow the

646     exemption provided under Subsection (3)(c) to apply to all contributions made beginning on or
647     after July 1, 2011, on behalf of an exempted employee who began the employment before May
648     8, 2012.]
649          (4) (a) Contributions made by a participating employer under Subsection (2)(a) shall be
650     invested in a default option selected by the board until the member is vested in accordance with
651     Subsection (3)(a).
652          (b) A member may direct the investment of contributions, including associated
653     investment gains and losses, made by a participating employer under Subsection (2)(a) only
654     after the contributions have vested in accordance with Subsection (3)(a).
655          (c) A member may direct the investment of contributions made by the member under
656     Subsection (3)(b).
657          (5) No loans shall be available from contributions made by a participating employer
658     under Subsection (2)(a).
659          (6) No hardship distributions shall be available from contributions made by a
660     participating employer under Subsection (2)(a).
661          (7) (a) Except as provided in Subsection (7)(b), if a member terminates employment
662     with a participating employer prior to the vesting period described in Subsection (3)(a), all
663     contributions made by a participating employer on behalf of the member under Subsection
664     (2)(a), including associated investment gains and losses are subject to forfeiture.
665          (b) If a member who terminates employment with a participating employer prior to the
666     vesting period described in Subsection (3)(a) subsequently enters employment with the same or
667     another participating employer within 10 years of the termination date of the previous
668     employment:
669          (i) all contributions made by the previous participating employer on behalf of the
670     member, including associated investment gains and losses, shall be reinstated upon the
671     member's employment as a regular full-time employee; and
672          (ii) the length of time that the member worked with the previous employer shall be
673     included in determining whether the member has completed the vesting period under

674     Subsection (3)(a).
675          (c) The office shall establish a forfeiture account and shall specify the uses of the
676     forfeiture account, which may include an offset against administrative costs of employer
677     contributions made under this section.
678          (8) The office may request from any other qualified 401(k) plan under Subsection (2)
679     any relevant information pertaining to the maintenance of its tax qualification under the
680     Internal Revenue Code.
681          (9) The office may take any action which in its judgment is necessary to maintain the
682     tax-qualified status of its 401(k) defined contribution plan under federal law.
683          Section 12. Section 49-23-504 is enacted to read:
684          49-23-504. Death of members -- Exemption from vesting requirements for
685     employer nonelective contributions to defined contribution plan.
686          (1) (a) If an active member dies, employer nonelective contributions made on behalf of
687     the employee to a defined contribution plan under Section 49-23-302 or 49-23-401 are exempt
688     from the vesting requirements of Subsections 49-23-302(2)(a) and 49-23-401(3)(a).
689          (b) The total amount of nonelective contributions made by the participating employer
690     vests to the member upon death and the member's beneficiary is entitled to receive a
691     distribution of the employer contributions made on behalf of the employee and all associated
692     investment gains and losses.
693          (2) Employer contributions vested and distributed under this section are in addition to
694     and separate from the benefits payable under Sections 49-23-501, 49-23-502, and 49-23-503.