1     
RETIREMENT WITHDRAWAL MODIFICATIONS

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 providing for
10     the withdrawal of employees of a withdrawing entity.
11     Highlighted Provisions:
12          This bill:
13          ▸     allows certain withdrawing entities to make an election to withdraw from
14     participation in a Utah retirement system or plan for current and future employees in
15     certain circumstances;
16          ▸     requires the withdrawing entity to pay certain costs that arise out of the election of
17     the withdrawal;
18          ▸     excludes all employees of a withdrawing entity from participation in the Public
19     Employees' Contributory Retirement System, the Public Employees'
20     Noncontributory Retirement System, and the New Public Employees' Tier II
21     Contributory Retirement Act under certain circumstances; and
22          ▸     makes technical changes.
23     Money Appropriated in this Bill:
24          None
25     Other Special Clauses:
26          This bill provides a special effective date.
27     Utah Code Sections Affected:
28     AMENDS:
29          49-11-623, as enacted by Laws of Utah 2014, Chapter 365

30          49-12-203, as last amended by Laws of Utah 2014, Chapters 15, 201, and 365
31          49-13-203, as last amended by Laws of Utah 2014, Chapters 15 and 365
32          49-22-203, as last amended by Laws of Utah 2014, Chapters 15 and 365
33     

34     Be it enacted by the Legislature of the state of Utah:
35          Section 1. Section 49-11-623 is amended to read:
36          49-11-623. Withdrawing entity -- Participation election date -- Withdrawal costs
37     -- Rulemaking.
38          (1) As used in this section, "withdrawing entity" means an entity that:
39          (a) participates in a system or plan under this title prior to July 1, 2014;
40          (b) provides mental health and substance abuse services for a county under Section
41     17-50-318;
42          (c) after beginning participation with a system or plan under this title, has modified its
43     federal tax status to a nonprofit organization that qualifies under Section 501(c)(3) of the
44     Internal Revenue Code; and
45          (d) is not a state institution of higher education as described in Section 53B-2-101.
46          (2) Notwithstanding any other provision of this title, a withdrawing entity may provide
47     for the participation of its employees with that system or plan as follows:
48          (a) the withdrawing entity shall determine a date that is no later than January 1, 2017,
49     on which the withdrawing entity shall make an election under Subsection (3); and
50          (b) subject to the provisions of Subsection (6), the withdrawing entity shall pay to the
51     office any reasonable actuarial and administrative costs determined by the office to have arisen
52     out of an election made under this section.
53          (3) The withdrawing entity described under Subsection (2) may elect to:
54          (a) (i) continue its participation for all current employees of the withdrawing entity,
55     who are covered by a system or plan as of the date set under Subsection (2)(a); and
56          [(b)] (ii) withdraw from participation in all systems or plans for all persons initially
57     entering employment with the withdrawing entity, beginning on the date set under Subsection

58     (2)(a)[.]; or
59          (b) withdraw from participation in all systems or plans for all current and future
60     employees of the withdrawing entity, beginning on the date set under Subsection (2)(a).
61          (4) (a) An election provided under Subsection (3):
62          (i) is a one-time election made no later than the date specified under Subsection (2)(a);
63          (ii) shall be documented by a resolution adopted by the governing body of the
64     withdrawing entity;
65          (iii) is irrevocable; and
66          (iv) applies to the withdrawing entity as the employer and to all employees of the
67     withdrawing entity.
68          (b) Notwithstanding an election made under Subsection (3), any eligibility for service
69     credit earned by an employee under this title before the date specified under Subsection (2)(a)
70     is not affected by this section.
71          (5) If a withdrawing entity elects to continue participation under Subsection (3), the
72     withdrawing entity shall continue to be subject to the laws and the rules governing the system
73     or plan in which an employee participates, including the accrual of service credit and payment
74     of contributions.
75          (6) Before a withdrawing entity may withdraw under this section, the withdrawing
76     entity and the office shall enter into an agreement on:
77          (a) the costs described under Subsection (2)(b); and
78          (b) arrangements for the payment of the costs described under Subsection (2)(b).
79          [(6)] (7) The board shall make rules to implement this section.
80          Section 2. Section 49-12-203 is amended to read:
81          49-12-203. Exclusions from membership in system.
82          (1) The following employees are not eligible for service credit in this system:
83          (a) subject to the requirements of Subsection (2), an employee whose employment
84     status is temporary in nature due to the nature or the type of work to be performed;
85          (b) except as provided under Subsection (3)(a), an employee of an institution of higher

86     education who participates in a retirement system with a public or private retirement system,
87     organization, or company designated by the State Board of Regents during any period in which
88     required contributions based on compensation have been paid on behalf of the employee by the
89     employer;
90          (c) an employee serving as an exchange employee from outside the state;
91          (d) an executive department head of the state, a member of the State Tax Commission,
92     the Public Service Commission, and a member of a full-time or part-time board or commission
93     who files a formal request for exemption;
94          (e) an employee of the Department of Workforce Services who is covered under
95     another retirement system allowed under Title 35A, Chapter 4, Employment Security Act;
96          (f) an employee who is employed on or after July 1, 2009, with an employer that has
97     elected, prior to July 1, 2009, to be excluded from participation in this system under Subsection
98     49-12-202(2)(c);
99          (g) an employee who is employed on or after July 1, 2014, with an employer that has
100     elected, prior to July 1, 2014, to be excluded from participation in this system under Subsection
101     49-12-202(2)(d); or
102          (h) an employee who is employed with a withdrawing entity that has elected, prior to
103     January 1, 2017, to exclude:
104          (i) new employees from participation in this system under Subsection
105     49-11-623(3)[.](a); or
106          (ii) all employees from participation in this system under Subsection 49-11-623(3)(b).
107          (2) If an employee whose status is temporary in nature due to the nature of type of
108     work to be performed:
109          (a) is employed for a term that exceeds six months and the employee otherwise
110     qualifies for service credit in this system, the participating employer shall report and certify to
111     the office that the employee is a regular full-time employee effective the beginning of the
112     seventh month of employment; or
113          (b) was previously terminated prior to being eligible for service credit in this system

114     and is reemployed within three months of termination by the same participating employer, the
115     participating employer shall report and certify that the member is a regular full-time employee
116     when the total of the periods of employment equals six months and the employee otherwise
117     qualifies for service credits in this system.
118          (3) (a) Upon cessation of the participating employer contributions, an employee under
119     Subsection (1)(b) is eligible for service credit in this system.
120          (b) Notwithstanding the provisions of Subsection (1)(f), any eligibility for service
121     credit earned by an employee under this chapter before July 1, 2009 is not affected under
122     Subsection (1)(f).
123          (c) Notwithstanding the provisions of Subsection (1)(g), any eligibility for service
124     credit earned by an employee under this chapter before July 1, 2014, is not affected under
125     Subsection (1)(g).
126          (4) Upon filing a written request for exemption with the office, the following
127     employees shall be exempt from coverage under this system:
128          (a) a full-time student or the spouse of a full-time student and individuals employed in
129     a trainee relationship;
130          (b) an elected official;
131          (c) an executive department head of the state, a member of the State Tax Commission,
132     a member of the Public Service Commission, and a member of a full-time or part-time board or
133     commission;
134          (d) an employee of the Governor's Office of Management and Budget;
135          (e) an employee of the Governor's Office of Economic Development;
136          (f) an employee of the Commission on Criminal and Juvenile Justice;
137          (g) an employee of the Governor's Office;
138          (h) an employee of the State Auditor's Office;
139          (i) an employee of the State Treasurer's Office;
140          (j) any other member who is permitted to make an election under Section 49-11-406;
141          (k) a person appointed as a city manager or chief city administrator or another person

142     employed by a municipality, county, or other political subdivision, who is an at-will employee;
143     and
144          (l) an employee of an interlocal cooperative agency created under Title 11, Chapter 13,
145     Interlocal Cooperation Act, who is engaged in a specialized trade customarily provided through
146     membership in a labor organization that provides retirement benefits to its members.
147          (5) (a) Each participating employer shall prepare a list designating those positions
148     eligible for exemption under Subsection (4).
149          (b) An employee may not be exempted unless the employee is employed in an
150     exempted position designated by the participating employer.
151          (6) (a) In accordance with this section, a municipality, county, or political subdivision
152     may not exempt more than 50 positions or a number equal to 10% of the employees of the
153     municipality, county, or political subdivision whichever is lesser.
154          (b) A municipality, county, or political subdivision may exempt at least one regular
155     full-time employee.
156          (7) Each participating employer shall:
157          (a) file employee exemptions annually with the office; and
158          (b) update the employee exemptions in the event of any change.
159          (8) The office may make rules to implement this section.
160          Section 3. Section 49-13-203 is amended to read:
161          49-13-203. Exclusions from membership in system.
162          (1) The following employees are not eligible for service credit in this system:
163          (a) subject to the requirements of Subsection (2), an employee whose employment
164     status is temporary in nature due to the nature or the type of work to be performed;
165          (b) except as provided under Subsection (3)(a), an employee of an institution of higher
166     education who participates in a retirement system with a public or private retirement system,
167     organization, or company designated by the State Board of Regents during any period in which
168     required contributions based on compensation have been paid on behalf of the employee by the
169     employer;

170          (c) an employee serving as an exchange employee from outside the state;
171          (d) an executive department head of the state or a legislative director, senior executive
172     employed by the governor's office, a member of the State Tax Commission, a member of the
173     Public Service Commission, and a member of a full-time or part-time board or commission
174     who files a formal request for exemption;
175          (e) an employee of the Department of Workforce Services who is covered under
176     another retirement system allowed under Title 35A, Chapter 4, Employment Security Act;
177          (f) an employee who is employed with an employer that has elected to be excluded
178     from participation in this system under Subsection 49-13-202(5), effective on or after the date
179     of the employer's election under Subsection 49-13-202(5); or
180          (g) an employee who is employed with a withdrawing entity that has elected, prior to
181     January 1, 2017, to exclude:
182          (i) new employees from participation in this system under Subsection
183     49-11-623(3)[.](a); or
184          (ii) all employees from participation in this system under Subsection 49-11-623(3)(b).
185          (2) If an employee whose status is temporary in nature due to the nature of type of
186     work to be performed:
187          (a) is employed for a term that exceeds six months and the employee otherwise
188     qualifies for service credit in this system, the participating employer shall report and certify to
189     the office that the employee is a regular full-time employee effective the beginning of the
190     seventh month of employment; or
191          (b) was previously terminated prior to being eligible for service credit in this system
192     and is reemployed within three months of termination by the same participating employer, the
193     participating employer shall report and certify that the member is a regular full-time employee
194     when the total of the periods of employment equals six months and the employee otherwise
195     qualifies for service credits in this system.
196          (3) (a) Upon cessation of the participating employer contributions, an employee under
197     Subsection (1)(b) is eligible for service credit in this system.

198          (b) Notwithstanding the provisions of Subsection (1)(f), any eligibility for service
199     credit earned by an employee under this chapter before the date of the election under
200     Subsection 49-13-202(5) is not affected under Subsection (1)(f).
201          (4) Upon filing a written request for exemption with the office, the following
202     employees shall be exempt from coverage under this system:
203          (a) a full-time student or the spouse of a full-time student and individuals employed in
204     a trainee relationship;
205          (b) an elected official;
206          (c) an executive department head of the state, a member of the State Tax Commission,
207     a member of the Public Service Commission, and a member of a full-time or part-time board or
208     commission;
209          (d) an employee of the Governor's Office of Management and Budget;
210          (e) an employee of the Governor's Office of Economic Development;
211          (f) an employee of the Commission on Criminal and Juvenile Justice;
212          (g) an employee of the Governor's Office;
213          (h) an employee of the State Auditor's Office;
214          (i) an employee of the State Treasurer's Office;
215          (j) any other member who is permitted to make an election under Section 49-11-406;
216          (k) a person appointed as a city manager or chief city administrator or another person
217     employed by a municipality, county, or other political subdivision, who is an at-will employee;
218          (l) an employee of an interlocal cooperative agency created under Title 11, Chapter 13,
219     Interlocal Cooperation Act, who is engaged in a specialized trade customarily provided through
220     membership in a labor organization that provides retirement benefits to its members; and
221          (m) an employee of the Utah Science Technology and Research Initiative created under
222     Title 63M, Chapter 2, Utah Science Technology and Research Governing Authority Act.
223          (5) (a) Each participating employer shall prepare a list designating those positions
224     eligible for exemption under Subsection (4).
225          (b) An employee may not be exempted unless the employee is employed in a position

226     designated by the participating employer.
227          (6) (a) In accordance with this section, a municipality, county, or political subdivision
228     may not exempt more than 50 positions or a number equal to 10% of the employees of the
229     municipality, county, or political subdivision, whichever is lesser.
230          (b) A municipality, county, or political subdivision may exempt at least one regular
231     full-time employee.
232          (7) Each participating employer shall:
233          (a) file employee exemptions annually with the office; and
234          (b) update the employee exemptions in the event of any change.
235          (8) The office may make rules to implement this section.
236          Section 4. Section 49-22-203 is amended to read:
237          49-22-203. Exclusions from membership in system.
238          (1) The following employees are not eligible for service credit in this system:
239          (a) subject to the requirements of Subsection (2), an employee whose employment
240     status is temporary in nature due to the nature or the type of work to be performed;
241          (b) except as provided under Subsection (3), an employee of an institution of higher
242     education who participates in a retirement system with a public or private retirement system,
243     organization, or company designated by the State Board of Regents during any period in which
244     required contributions based on compensation have been paid on behalf of the employee by the
245     employer;
246          (c) an employee serving as an exchange employee from outside the state;
247          (d) an employee of the Department of Workforce Services who is covered under
248     another retirement system allowed under Title 35A, Chapter 4, Employment Security Act; or
249          (e) an employee who is employed with a withdrawing entity that has elected, prior to
250     January 1, 2017, to exclude:
251          (i) new employees from participation in this system under Subsection
252     49-11-623(3)[.](a); or
253          (ii) all employees from participation in this system under Subsection 49-11-623(3)(b).

254          (2) If an employee whose status is temporary in nature due to the nature of type of
255     work to be performed:
256          (a) is employed for a term that exceeds six months and the employee otherwise
257     qualifies for service credit in this system, the participating employer shall report and certify to
258     the office that the employee is a regular full-time employee effective the beginning of the
259     seventh month of employment; or
260          (b) was previously terminated prior to being eligible for service credit in this system
261     and is reemployed within three months of termination by the same participating employer, the
262     participating employer shall report and certify that the member is a regular full-time employee
263     when the total of the periods of employment equals six months and the employee otherwise
264     qualifies for service credits in this system.
265          (3) Upon cessation of the participating employer contributions, an employee under
266     Subsection (1)(b) is eligible for service credit in this system.
267          Section 5. Effective date.
268          If approved by two-thirds of all the members elected to each house, this bill takes effect
269     upon approval by the governor, or the day following the constitutional time limit of Utah
270     Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
271     the date of veto override.