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7 LONG TITLE
8 General Description:
9 This bill modifies the Utah State Retirement and Insurance Benefit Act by amending
10 provisions for certain officers who are elected or appointed.
11 Highlighted Provisions:
12 This bill:
13 ▸ establishes the full-time or part-time service status of a justice court judge for
14 retirement purposes, based on employer certification and combined workload for
15 multiple employers;
16 ▸ clarifies the retirement allowance computation for justice court judges; and
17 ▸ makes technical changes.
18 Money Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 This bill provides a special effective date.
22 Utah Code Sections Affected:
23 AMENDS:
24 49-12-406, as renumbered and amended by Laws of Utah 2002, Chapter 250
25 49-13-406, as renumbered and amended by Laws of Utah 2002, Chapter 250
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27 Be it enacted by the Legislature of the state of Utah:
28 Section 1. Section 49-12-406 is amended to read:
29 49-12-406. Exceptions for part-time elective or appointive service -- Computation
30 of allowance -- Justice court judges.
31 (1) Notwithstanding [
32 49-11-401 and 49-12-102, and unless otherwise provided in this section, a member's elective or
33 appointive service rendered on a basis not considered full-time by the office[
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35 compensation actually received by the member during the period of elective or appointive
36 service.
37 (2) (a) A justice court judge who has service with only one participating employer shall
38 be considered part-time or full-time by the office as certified by the participating employer.
39 (b) If a justice court judge has a combination of part-time service and full-time position
40 service with one participating employer, the office shall compute separate allowances on the
41 basis of compensation actually received by the judge during the part-time and full-time periods
42 of service.
43 (3) (a) A justice court judge who has service with more than one participating
44 employer shall be considered full-time by the office for a period of service in which the judge
45 is certified as full-time by:
46 (i) a participating employer; or
47 (ii) the Administrative Office of the Courts beginning on or after January 1, 2009,
48 based on the judge's aggregate caseload of the multiple employers as determined by the judge's
49 caseloads of the individual courts of each employer in accordance with Subsection
50 78A-7-206(1)(b)(ii).
51 (b) If a justice court judge has full-time service under Subsection (3)(a), the office shall
52 compute an allowance on the basis of total compensation actually received from all
53 participating employers by the judge during the total period of full-time service.
54 (c) If a justice court judge has part-time service performed that is not within a period
55 considered full-time service under Subsection (3)(a), the office shall compute a separate
56 allowance on the basis of compensation actually received by the member during the period of
57 part-time service.
58 (4) All of the service rendered by a justice court judge in any one fiscal or calendar
59 year may not count for more than one year of service credit.
60 Section 2. Section 49-13-406 is amended to read:
61 49-13-406. Exceptions for part-time elective or appointive service -- Computation
62 of allowance -- Justice court judges.
63 (1) Notwithstanding [
64 49-11-401 and 49-13-102, and unless otherwise provided in this section, a member's elective or
65 appointive service rendered on a basis not considered full-time by the office[
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67 compensation actually received by the member during the period of elective or appointive
68 service.
69 (2) (a) A justice court judge who has service with only one participating employer shall
70 be considered part-time or full-time by the office as certified by the participating employer.
71 (b) If a justice court judge has a combination of part-time service and full-time position
72 service with one participating employer, the office shall compute separate allowances on the
73 basis of compensation actually received by the judge during the part-time and full-time periods
74 of service.
75 (3) (a) A justice court judge who has service with more than one participating
76 employer shall be considered full-time by the office for a period of service in which the judge
77 is certified as full-time by:
78 (i) a participating employer; or
79 (ii) the Administrative Office of the Courts beginning on or after January 1, 2009,
80 based on the judge's aggregate caseload of the multiple employers as determined by the judge's
81 caseloads of the individual courts of each employer in accordance with Subsection
82 78A-7-206(1)(b)(ii).
83 (b) If a justice court judge has full-time service under Subsection (3)(a), the office shall
84 compute an allowance on the basis of total compensation actually received from all
85 participating employers by the judge during the total period of full-time service.
86 (c) If a justice court judge has part-time service performed that is not within a period
87 considered full-time service under Subsection (3)(a), the office shall compute a separate
88 allowance on the basis of compensation actually received by the member during the period of
89 part-time service.
90 (4) All of the service rendered by a justice court judge in any one fiscal or calendar
91 year may not count for more than one year of service credit.
92 Section 3. Effective date.
93 This bill takes effect on January 1, 2016.