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     Committee Note:
9          The Retirement and Independent Entities Interim Committee recommended this bill.
10     General Description:
11          This bill modifies the Utah State Retirement and Insurance Benefit Act by amending
12     provisions relating to the Utah Retirement Systems.
13     Highlighted Provisions:
14          This bill:
15          ▸     clarifies that the maximum number of positions that a municipality, county, or
16     political subdivision may exempt from participation with the Utah Retirement
17     Systems applies to the total number of exempted positions for employees covered
18     under both the Tier I and Tier II retirement systems;
19          ▸     specifies additional positions covered under the Tier II retirement system that are
20     eligible to file for an exemption from participation in the Utah Retirement Systems;
21          ▸     amends the applicability of contribution vesting periods and the effect of system
22     elections for individuals who elect to be exempt from participation in the Tier II
23     Utah Retirement Systems;
24          ▸     provides that a full-time elected official or legislator initially entering office on or
25     after July 1, 2011, who has service credit accrued in a Tier I retirement system or a
26     Tier II hybrid retirement system before July 1, 2011, shall continue in the Tier I or
27     Tier II system for which the full-time elected official or legislator is eligible;

28          ▸     provides that if an active member dies, employer nonelective contributions made on
29     behalf of the employee to a defined contribution plan are exempt from the vesting
30     requirements and vest to the member upon death; and
31          ▸     makes technical corrections.
32     Money Appropriated in this Bill:
33          None
34     Other Special Clauses:
35          None
36     Utah Code Sections Affected:
37     AMENDS:
38          49-12-203, as last amended by Laws of Utah 2014, Chapters 15, 201, and 365
39          49-13-203, as last amended by Laws of Utah 2014, Chapters 15 and 365
40          49-22-201, as last amended by Laws of Utah 2014, Chapter 15
41          49-22-203, as last amended by Laws of Utah 2014, Chapters 15 and 365
42          49-22-303, as last amended by Laws of Utah 2011, Chapter 439
43          49-22-401, as last amended by Laws of Utah 2013, Chapters 310 and 316
44          49-23-201, as last amended by Laws of Utah 2014, Chapter 15
45          49-23-401, as last amended by Laws of Utah 2013, Chapter 316
46     ENACTS:
47          49-22-205, Utah Code Annotated 1953
48          49-22-503, Utah Code Annotated 1953
49          49-23-203, Utah Code Annotated 1953
50          49-23-504, Utah Code Annotated 1953
51     

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

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

90     Subsection (1)(b) is eligible for service credit in this system.
91          (b) Notwithstanding the provisions of Subsection (1)(f), any eligibility for service
92     credit earned by an employee under this chapter before July 1, 2009 is not affected under
93     Subsection (1)(f).
94          (c) Notwithstanding the provisions of Subsection (1)(g), any eligibility for service
95     credit earned by an employee under this chapter before July 1, 2014, is not affected under
96     Subsection (1)(g).
97          (4) Upon filing a written request for exemption with the office, the following
98     employees shall be exempt from coverage under this system:
99          (a) a full-time student or the spouse of a full-time student and individuals employed in
100     a trainee relationship;
101          (b) an elected official;
102          (c) an executive department head of the state, a member of the State Tax Commission,
103     a member of the Public Service Commission, and a member of a full-time or part-time board or
104     commission;
105          (d) an employee of the Governor's Office of Management and Budget;
106          (e) an employee of the Governor's Office of Economic Development;
107          (f) an employee of the Commission on Criminal and Juvenile Justice;
108          (g) an employee of the Governor's Office;
109          (h) an employee of the State Auditor's Office;
110          (i) an employee of the State Treasurer's Office;
111          (j) any other member who is permitted to make an election under Section 49-11-406;
112          (k) a person appointed as a city manager or chief city administrator or another person
113     employed by a municipality, county, or other political subdivision, who is an at-will employee;
114     and
115          (l) an employee of an interlocal cooperative agency created under Title 11, Chapter 13,
116     Interlocal Cooperation Act, who is engaged in a specialized trade customarily provided through
117     membership in a labor organization that provides retirement benefits to its members.
118          (5) (a) Each participating employer shall prepare a list designating those positions
119     eligible for exemption under Subsection (4).
120          (b) An employee may not be exempted unless the employee is employed in an

121     exempted position designated by the participating employer.
122          (6) (a) In accordance with this section, Section 49-13-203, and Section 49-22-205, a
123     municipality, county, or political subdivision may not exempt a total of more than 50 positions
124     or a number equal to 10% of the employees of the municipality, county, or political
125     subdivision, whichever is [lesser] less.
126          (b) A municipality, county, or political subdivision may exempt at least one regular
127     full-time employee.
128          (7) Each participating employer shall:
129          (a) file employee exemptions annually with the office; and
130          (b) update the employee exemptions in the event of any change.
131          (8) The office may make rules to implement this section.
132          Section 2. Section 49-13-203 is amended to read:
133          49-13-203. Exclusions from membership in system.
134          (1) The following employees are not eligible for service credit in this system:
135          (a) subject to the requirements of Subsection (2), an employee whose employment
136     status is temporary in nature due to the nature or the type of work to be performed;
137          (b) except as provided under Subsection (3)(a), an employee of an institution of higher
138     education who participates in a retirement system with a public or private retirement system,
139     organization, or company designated by the State Board of Regents during any period in which
140     required contributions based on compensation have been paid on behalf of the employee by the
141     employer;
142          (c) an employee serving as an exchange employee from outside the state;
143          (d) an executive department head of the state or a legislative director, senior executive
144     employed by the governor's office, a member of the State Tax Commission, a member of the
145     Public Service Commission, and a member of a full-time or part-time board or commission
146     who files a formal request for exemption;
147          (e) an employee of the Department of Workforce Services who is covered under
148     another retirement system allowed under Title 35A, Chapter 4, Employment Security Act;
149          (f) an employee who is employed with an employer that has elected to be excluded
150     from participation in this system under Subsection 49-13-202(5), effective on or after the date
151     of the employer's election under Subsection 49-13-202(5); or

152          (g) an employee who is employed with a withdrawing entity that has elected, prior to
153     January 1, 2017, to exclude new employees from participation in this system under Subsection
154     49-11-623(3).
155          (2) If an employee whose status is temporary in nature due to the nature of type of
156     work to be performed:
157          (a) is employed for a term that exceeds six months and the employee otherwise
158     qualifies for service credit in this system, the participating employer shall report and certify to
159     the office that the employee is a regular full-time employee effective the beginning of the
160     seventh month of employment; or
161          (b) was previously terminated prior to being eligible for service credit in this system
162     and is reemployed within three months of termination by the same participating employer, the
163     participating employer shall report and certify that the member is a regular full-time employee
164     when the total of the periods of employment equals six months and the employee otherwise
165     qualifies for service credits in this system.
166          (3) (a) Upon cessation of the participating employer contributions, an employee under
167     Subsection (1)(b) is eligible for service credit in this system.
168          (b) Notwithstanding the provisions of Subsection (1)(f), any eligibility for service
169     credit earned by an employee under this chapter before the date of the election under
170     Subsection 49-13-202(5) is not affected under Subsection (1)(f).
171          (4) Upon filing a written request for exemption with the office, the following
172     employees shall be exempt from coverage under this system:
173          (a) a full-time student or the spouse of a full-time student and individuals employed in
174     a trainee relationship;
175          (b) an elected official;
176          (c) an executive department head of the state, a member of the State Tax Commission,
177     a member of the Public Service Commission, and a member of a full-time or part-time board or
178     commission;
179          (d) an employee of the Governor's Office of Management and Budget;
180          (e) an employee of the Governor's Office of Economic Development;
181          (f) an employee of the Commission on Criminal and Juvenile Justice;
182          (g) an employee of the Governor's Office;

183          (h) an employee of the State Auditor's Office;
184          (i) an employee of the State Treasurer's Office;
185          (j) any other member who is permitted to make an election under Section 49-11-406;
186          (k) a person appointed as a city manager or chief city administrator or another person
187     employed by a municipality, county, or other political subdivision, who is an at-will employee;
188          (l) an employee of an interlocal cooperative agency created under Title 11, Chapter 13,
189     Interlocal Cooperation Act, who is engaged in a specialized trade customarily provided through
190     membership in a labor organization that provides retirement benefits to its members; and
191          (m) an employee of the Utah Science Technology and Research Initiative created under
192     Title 63M, Chapter 2, Utah Science Technology and Research Governing Authority Act.
193          (5) (a) Each participating employer shall prepare a list designating those positions
194     eligible for exemption under Subsection (4).
195          (b) An employee may not be exempted unless the employee is employed in a position
196     designated by the participating employer.
197          (6) (a) In accordance with this section, Section 49-12-203, and Section 49-22-205, a
198     municipality, county, or political subdivision may not exempt a total of more than 50 positions
199     or a number equal to 10% of the employees of the municipality, county, or political
200     subdivision, whichever is [lesser] less.
201          (b) A municipality, county, or political subdivision may exempt at least one regular
202     full-time employee.
203          (7) Each participating employer shall:
204          (a) file employee exemptions annually with the office; and
205          (b) update the employee exemptions in the event of any change.
206          (8) The office may make rules to implement this section.
207          Section 3. Section 49-22-201 is amended to read:
208          49-22-201. System membership -- Eligibility.
209          (1) Beginning July 1, 2011, a participating employer shall participate in this system.
210          (2) (a) A person initially entering regular full-time employment with a participating
211     employer on or after July 1, 2011, who does not have service credit accrued before July 1,
212     2011, in a Tier I system or plan administered by the board, is eligible:
213          (i) as a member for service credit and defined contributions under the Tier II hybrid

214     retirement system established by Part 3, Tier II Hybrid Retirement System; or
215          (ii) as a participant for defined contributions under the Tier II defined contribution plan
216     established by Part 4, Tier II Defined Contribution Plan.
217          (b) A person initially entering regular full-time employment with a participating
218     employer on or after July 1, 2011, shall:
219          (i) make an election to participate in the system created under this chapter [within 30
220     days from the date of eligibility for accrual of benefits]:
221          (A) as a member for service credit and defined contributions under the Tier II hybrid
222     retirement system established by Part 3, Tier II Hybrid Retirement System; or
223          (B) as a participant for defined contributions under the Tier II defined contribution plan
224     established by Part 4, Tier II Defined Contribution Plan; and
225          (ii) electronically submit to the office notification of the member's election under
226     Subsection (2)(b)(i) in a manner approved by the office.
227          (c) An election made by a person initially entering regular full-time employment with a
228     participating employer under this Subsection (2) is irrevocable beginning one year from the
229     date of eligibility for accrual of benefits.
230          (d) If no election is made under Subsection (2)(b)(i), the person shall become a
231     member eligible for service credit and defined contributions under the Tier II hybrid retirement
232     system established by Part 3, Tier II Hybrid Retirement System.
233          (3) Notwithstanding the provisions of this section and except as provided in Subsection
234     (4), an elected official initially entering office on or after July 1, 2011:
235          (a) is only eligible to participate in the Tier II defined contribution plan established
236     under [Chapter 22,] Part 4, Tier II Defined Contribution Plan; and
237          (b) is not eligible to participate in the Tier II hybrid retirement system established
238     under [Chapter 22,] Part 3, Tier II Hybrid Retirement System.
239          (4) Notwithstanding the provisions of Subsection (3), a legislator or full-time elected
240     official initially entering office on or after July 1, 2011, who has service credit accrued before
241     July 1, 2011:
242          (a) in a Tier I retirement system or plan administered by the board shall continue in the
243     Tier I system or plan for which the legislator or full-time elected official is eligible; or
244          (b) in a Tier II hybrid retirement system shall continue in the Tier II system for which

245     the legislator or full-time elected official is eligible.
246          Section 4. Section 49-22-203 is amended to read:
247          49-22-203. Exclusions from membership in system.
248          (1) The following employees are not eligible for service credit in this system:
249          (a) subject to the requirements of Subsection (2), an employee whose employment
250     status is temporary in nature due to the nature or the type of work to be performed;
251          (b) except as provided under Subsection (3), an employee of an institution of higher
252     education who participates in a retirement system with a public or private retirement system,
253     organization, or company designated by the State Board of Regents during any period in which
254     required contributions based on compensation have been paid on behalf of the employee by the
255     employer;
256          (c) an employee serving as an exchange employee from outside the state;
257          (d) an employee of the Department of Workforce Services who is covered under
258     another retirement system allowed under Title 35A, Chapter 4, Employment Security Act; [or]
259          (e) an employee who is employed with a withdrawing entity that has elected, prior to
260     January 1, 2017, to exclude new employees from participation in this system under Subsection
261     49-11-623(3)[.]; or
262          (f) a person who files a written request for exemption with the office under Section
263     49-22-205.
264          (2) If an employee whose status is temporary in nature due to the nature of type of
265     work to be performed:
266          (a) is employed for a term that exceeds six months and the employee otherwise
267     qualifies for service credit in this system, the participating employer shall report and certify to
268     the office that the employee is a regular full-time employee effective the beginning of the
269     seventh month of employment; or
270          (b) was previously terminated prior to being eligible for service credit in this system
271     and is reemployed within three months of termination by the same participating employer, the
272     participating employer shall report and certify that the member is a regular full-time employee
273     when the total of the periods of employment equals six months and the employee otherwise
274     qualifies for service credits in this system.
275          (3) Upon cessation of the participating employer contributions, an employee under

276     Subsection (1)(b) is eligible for service credit in this system.
277          Section 5. Section 49-22-205 is enacted to read:
278          49-22-205. Exemptions from participation in system.
279          (1) Upon filing a written request for exemption with the office, the following
280     employees are exempt from participation in the system as provided in this section:
281          (a) an elected official;
282          (b) an executive department head of the state;
283          (c) a member of the State Tax Commission;
284          (d) a member of the Public Service Commission;
285          (e) a member of a full-time or part-time board or commission;
286          (f) an employee of the Governor's Office of Management and Budget;
287          (g) an employee of the Governor's Office of Economic Development;
288          (h) an employee of the Commission on Criminal and Juvenile Justice;
289          (i) an employee of the Governor's Office;
290          (j) an employee of the State Auditor's Office;
291          (k) an employee of the State Treasurer's Office;
292          (l) any other member who is permitted to make an election under Section 49-11-406;
293          (m) a person appointed as a city manager or appointed as a city administrator or
294     another at-will employee of a municipality, county, or other political subdivision;
295          (n) an employee of an interlocal cooperative agency created under Title 11, Chapter 13,
296     Interlocal Cooperation Act, who is engaged in a specialized trade customarily provided through
297     membership in a labor organization that provides retirement benefits to its members; and
298          (o) an employee of the Utah Science Technology and Research Initiative created under
299     Title 63M, Chapter 2, Utah Science Technology and Research Governing Authority Act.
300          (2) (a) A participating employer shall prepare a list designating those positions eligible
301     for exemption under Subsection (1).
302          (b) An employee may not be exempted unless the employee is employed in a position
303     designated by the participating employer under Subsection (1).
304          (3) (a) In accordance with this section, Section 49-12-203, and Section 49-13-203, a
305     municipality, county, or political subdivision may not exempt a total of more than 50 positions
306     or a number equal to 10% of the employees of the municipality, county, or political

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

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

369     Subsection (2)(a).
370          (b) A member may direct the investment of contributions made by a participating
371     employer under Subsection (1)(a) only after the contributions have vested in accordance with
372     Subsection (2)(a).
373          (c) A member may direct the investment of contributions made by the member under
374     Subsection (1)(b).
375          (4) No loans shall be available from contributions made by a participating employer
376     under Subsection (1)(a).
377          (5) No hardship distributions shall be available from contributions made by a
378     participating employer under Subsection (1)(a).
379          (6) (a) Except as provided in Subsection (6)(b) and Section 49-22-205, if a member
380     terminates employment with a participating employer prior to the vesting period described in
381     Subsection (2)(a), all contributions, including associated investment gains and losses, made by
382     a participating employer on behalf of the member under Subsection (1)(a) are subject to
383     forfeiture.
384          (b) If a member who terminates employment with a participating employer prior to the
385     vesting period described in Subsection (2)(a) subsequently enters employment with the same or
386     another participating employer within 10 years of the termination date of the previous
387     employment:
388          (i) all contributions made by the previous participating employer on behalf of the
389     member, including associated investment gains and losses, shall be reinstated upon
390     employment as a regular full-time employee; and
391          (ii) the length of time that the member worked with the previous employer shall be
392     included in determining whether the member has completed the vesting period under
393     Subsection (2)(a).
394          (c) The office shall establish a forfeiture account and shall specify the uses of the
395     forfeiture account, which may include an offset against administrative costs or employer
396     contributions made under this section.
397          (7) The office may request from any other qualified 401(k) plan under Subsection (1)
398     or (2) any relevant information pertaining to the maintenance of its tax qualification under the
399     Internal Revenue Code.

400          (8) The office may take any action which in its judgment is necessary to maintain the
401     tax-qualified status of its 401(k) defined contribution plan under federal law.
402          Section 7. Section 49-22-401 is amended to read:
403          49-22-401. Contributions -- Rates.
404          (1) Up to the amount allowed by federal law, the participating employer shall make a
405     nonelective contribution of 10% of the participant's compensation to a defined contribution
406     plan.
407          (2) (a) The participating employer shall contribute the 10% nonelective contribution
408     described in Subsection (1) to a defined contribution plan qualified under Section 401(k) of the
409     Internal Revenue Code which:
410          (i) is sponsored by the board; and
411          (ii) has been grandfathered under Section 1116 of the Federal Tax Reform Act of 1986.
412          (b) The member may make voluntary deferrals to:
413          (i) the qualified 401(k) plan which receives the employer contribution described in this
414     Subsection (2); or
415          (ii) at the member's option, another defined contribution plan established by the
416     participating employer.
417          (c) In addition to the percent specified under Subsection (2)(a), the participating
418     employer shall pay the corresponding Tier I system amortization rate of the employee's
419     compensation to the office to be applied to the employer's corresponding Tier I system liability.
420          (3) (a) Except as provided under Subsection (3)(c), the total amount contributed by the
421     participating employer under Subsection (2)(a) vests to the member upon accruing four years
422     employment as a regular full-time employee under this title.
423          (b) The total amount contributed by the member under Subsection (2)(b) vests to the
424     member's benefit immediately and is nonforfeitable.
425          (c) Upon filing a written request for exemption with the office, [the following
426     employees are] an eligible employee is exempt from the vesting requirements of Subsection
427     (3)(a)[:] in accordance with Section 49-22-205.
428          [(i) an executive department head of the state;]
429          [(ii) a member of the State Tax Commission;]
430          [(iii) a member of the Public Service Commission;]

431          [(iv) an employee of the Governor's Office of Management and Budget;]
432          [(v) an employee of the Governor's Office of Economic Development;]
433          [(vi) an employee of the Commission on Criminal and Juvenile Justice;]
434          [(vii) an employee of the Governor's Office;]
435          [(viii) an employee of the State Auditor's Office;]
436          [(ix) an employee of the State Treasurer's Office;]
437          [(x) a person appointed as a city manager or appointed as a city administrator or
438     another at-will employee of a municipality, county, or other political subdivision;]
439          [(xi) an employee of an interlocal cooperative agency created under Title 11, Chapter
440     13, Interlocal Cooperation Act, who is engaged in a specialized trade customarily provided
441     through membership in a labor organization that provides retirement benefits to its members;
442     and]
443          [(xii) an employee of the Utah Science Technology and Research Initiative created
444     under Title 63M, Chapter 2, Utah Science Technology and Research Governing Authority Act.]
445          [(d) (i) A participating employer shall prepare a list designating those positions eligible
446     for exemption under Subsection (3)(c).]
447          [(ii) An employee may not be exempted unless the employee is employed in a position
448     designated by the participating employer under Subsection (3)(c).]
449          [(e) (i) All employer contributions made on behalf of an employee shall be invested in
450     accordance with Subsection 49-22-303(3)(a) until the one-year election period under
451     Subsection 49-22-201(2)(c) is expired if the employee:]
452          [(A) elects to be exempt in accordance with Subsection (3)(c); and]
453          [(B) continues employment with the participating employer through the one-year
454     election period under Subsection 49-22-201(2)(c).]
455          [(ii) An employee is entitled to receive a distribution of the employer contributions
456     made on behalf of the employee and all associated investment gains and losses if the
457     employee:]
458          [(A) elects to be exempt in accordance with Subsection (3)(c); and]
459          [(B) terminates employment prior to the one-year election period under Subsection
460     49-22-201(2)(c).]
461          [(f) (i) In accordance with this section, a municipality, county, or political subdivision

462     may not exempt more than 50 positions or a number equal to 10% of the employees of the
463     municipality, county, or political subdivision, whichever is less.]
464          [(ii) A municipality, county, or political subdivision may exempt at least one regular
465     full-time employee.]
466          [(g) Each participating employer shall:]
467          [(i) file each employee exemption annually with the office; and]
468          [(ii) update an employee exemption in the event of any change.]
469          [(h) (i) The office shall make rules to implement this Subsection (3).]
470          [(ii) The rules made under Subsection (3)(h)(i) shall include provisions to allow the
471     exemption provided under Subsection (3)(c) to apply to all contributions made beginning on or
472     after July 1, 2011, on behalf of an exempted employee who began the employment before May
473     8, 2012.]
474          (4) (a) Contributions made by a participating employer under Subsection (2)(a) shall be
475     invested in a default option selected by the board until the member is vested in accordance with
476     Subsection (3)(a).
477          (b) A member may direct the investment of contributions including associated
478     investment gains and losses made by a participating employer under Subsection (2)(a) only
479     after the contributions have vested in accordance with Subsection (3)(a).
480          (c) A member may direct the investment of contributions made by the member under
481     Subsection (3)(b).
482          (5) No loans shall be available from contributions made by a participating employer
483     under Subsection (2)(a).
484          (6) No hardship distributions shall be available from contributions made by a
485     participating employer under Subsection (2)(a).
486          (7) (a) Except as provided in Subsection (7)(b), if a member terminates employment
487     with a participating employer prior to the vesting period described in Subsection (3)(a), all
488     contributions made by a participating employer on behalf of the member including associated
489     investment gains and losses under Subsection (2)(a) are subject to forfeiture.
490          (b) If a member who terminates employment with a participating employer prior to the
491     vesting period described in Subsection (3)(a) subsequently enters employment with the same or
492     another participating employer within 10 years of the termination date of the previous

493     employment:
494          (i) all contributions made by the previous participating employer on behalf of the
495     member including associated investment gains and losses shall be reinstated upon the member's
496     employment as a regular full-time employee; and
497          (ii) the length of time that the member worked with the previous employer shall be
498     included in determining whether the member has completed the vesting period under
499     Subsection (3)(a).
500          (c) The office shall establish a forfeiture account and shall specify the uses of the
501     forfeiture account, which may include an offset against administrative costs or employer
502     contributions made under this section.
503          (8) The office may request from any other qualified 401(k) plan under Subsection (2)
504     any relevant information pertaining to the maintenance of its tax qualification under the
505     Internal Revenue Code.
506          (9) The office may take any action which in its judgment is necessary to maintain the
507     tax-qualified status of its 401(k) defined contribution plan under federal law.
508          Section 8. Section 49-22-503 is enacted to read:
509          49-22-503. Death of members -- Exemption from vesting requirements for
510     employer nonelective contributions to defined contribution plan.
511          (1) (a) If an active member dies, employer nonelective contributions made on behalf of
512     the employee to a defined contribution plan under Section 49-22-303 or 49-22-401 are exempt
513     from the vesting requirements of Subsections 49-22-303(2)(a) and 49-22-401(3)(a).
514          (b) The total amount of nonelective contributions made by the participating employer
515     vests to the member upon death and the member's beneficiary is entitled to receive a
516     distribution of the employer contributions made on behalf of the employee and all associated
517     investment gains and losses.
518          (2) Employer contributions vested and distributed under this section are in addition to
519     and separate from the benefits payable under Sections 49-22-501 and 49-22-502.
520          Section 9. Section 49-23-201 is amended to read:
521          49-23-201. System membership -- Eligibility.
522          (1) Beginning July 1, 2011, a participating employer that employs public safety service
523     employees or firefighter service employees shall participate in this system.

524          (2) (a) A public safety service employee or a firefighter service employee initially
525     entering employment with a participating employer on or after July 1, 2011, who does not have
526     service credit accrued before July 1, 2011, in a Tier I system or plan administered by the board,
527     is eligible:
528          (i) as a member for service credit and defined contributions under the Tier II hybrid
529     retirement system established by Part 3, Tier II Hybrid Retirement System; or
530          (ii) as a participant for defined contributions under the Tier II defined contributions
531     plan established by Part 4, Tier II Defined Contribution Plan.
532          (b) A public safety service employee or a firefighter service employee initially entering
533     employment with a participating employer on or after July 1, 2011, shall:
534          (i) make an election to participate in the system created under this chapter [within 30
535     days from the date of eligibility for accrual of benefits]:
536          (A) as a member for service credit and defined contributions under the Tier II hybrid
537     retirement system established by Part 3, Tier II Hybrid Retirement System; or
538          (B) as a participant for defined contributions under the Tier II defined contribution plan
539     established by Part 4, Tier II Defined Contribution Plan; and
540          (ii) electronically submit to the office notification of the member's election under
541     Subsection (2)(b)(i) in a manner approved by the office.
542          (c) An election made by a public safety service employee or firefighter service
543     employee initially entering employment with a participating employer under this Subsection (2)
544     is irrevocable beginning one year from the date of eligibility for accrual of benefits.
545          (d) If no election is made under Subsection (2)(b)(i), the public safety service employee
546     or firefighter service employee shall become a member eligible for service credit and defined
547     contributions under the Tier II hybrid retirement system established by Part 3, Tier II Hybrid
548     Retirement System.
549          Section 10. Section 49-23-203 is enacted to read:
550          49-23-203. Exemptions from participation in system.
551          (1) Upon filing a written request for exemption with the office, the following
552     employees are exempt from participation in the system as provided in this section if the
553     employee is a public safety service employee and is:
554          (a) an executive department head of the state;

555          (b) an elected or appointed sheriff of a county; or
556          (c) an elected or appointed chief of police of a municipality.
557          (2) (a) A participating employer shall prepare a list designating those positions eligible
558     for exemption under Subsection (1).
559          (b) An employee may not be exempted unless the employee is employed in a position
560     designated by the participating employer under Subsection (1).
561          (3) Each participating employer shall:
562          (a) file each employee exemption annually with the office; and
563          (b) update an employee exemption in the event of any change.
564          (4) Beginning on the effective date of the exemption for an employee who elects to be
565     exempt in accordance with Subsection (1):
566          (a) for a member of the Tier II defined contribution plan:
567          (i) the participating employer shall contribute the nonelective contribution and the
568     amortization rate described in Section 49-23-401, except that the contribution is exempt from
569     the vesting requirements of Subsection 49-23-401(3)(a); and
570          (ii) the member may make voluntary deferrals as provided in Section 49-23-401; and
571          (b) for a member of the Tier II hybrid retirement system:
572          (i) the participating employer shall contribute the nonelective contribution and the
573     amortization rate described in Section 49-23-401, except that the contribution is exempt from
574     the vesting requirements of Subsection 49-23-401(3)(a);
575          (ii) the member may make voluntary deferrals as provided in Section 49-23-401; and
576          (iii) the member is not eligible for additional service credit in the system.
577          (5) If an employee who is a member of the Tier II hybrid retirement system
578     subsequently revokes the election of exemption made under Subsection (1), the provisions
579     described in Subsection (4)(b) shall no longer be applicable and the coverage for the employee
580     shall be effective prospectively as provided in Part 3, Tier II Hybrid Retirement System.
581          (6) (a) All employer contributions made on behalf of an employee shall be invested in
582     accordance with Subsection 49-23-302(3)(a) or 49-23-401(4)(a) until the one-year election
583     period under Subsection 49-23-201(2)(c) is expired if the employee:
584          (i) elects to be exempt in accordance with Subsection (1); and
585          (ii) continues employment with the participating employer through the one-year

586     election period under Subsection 49-23-201(2)(c).
587          (b) An employee is entitled to receive a distribution of the employer contributions
588     made on behalf of the employee and all associated investment gains and losses if the employee:
589          (i) elects to be exempt in accordance with Subsection (1); and
590          (ii) terminates employment prior to the one-year election period under Subsection
591     49-23-201(2)(c).
592          (7) (a) The office shall make rules to implement this section.
593          (b) The rules made under this Subsection (7) shall include provisions to allow the
594     exemption provided under Subsection (1) to apply to all contributions made beginning on or
595     after July 1, 2011, on behalf of an exempted employee who began the employment before May
596     8, 2012.
597          Section 11. Section 49-23-401 is amended to read:
598          49-23-401. Contributions -- Rates.
599          (1) Up to the amount allowed by federal law, the participating employer shall make a
600     nonelective contribution of 12% of the participant's compensation to a defined contribution
601     plan.
602          (2) (a) The participating employer shall contribute the 12% nonelective contribution
603     described in Subsection (1) to a defined contribution plan qualified under Section 401(k) of the
604     Internal Revenue Code which:
605          (i) is sponsored by the board; and
606          (ii) has been grandfathered under Section 1116 of the Federal Tax Reform Act of 1986.
607          (b) The member may make voluntary deferrals to:
608          (i) the qualified 401(k) plan which receives the employer contribution described in this
609     Subsection (2); or
610          (ii) at the member's option, another defined contribution plan established by the
611     participating employer.
612          (c) In addition to the percent specified under Subsection (2)(a), the participating
613     employer shall pay the corresponding Tier I system amortization rate of the employee's
614     compensation to the office to be applied to the employer's corresponding Tier I system liability.
615          (3) (a) Except as provided under Subsection (3)(c), the total amount contributed by the
616     participating employer under Subsection (2)(a) vests to the member upon accruing four years of

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

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

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






Legislative Review Note
     as of 11-13-14 2:20 PM


Office of Legislative Research and General Counsel