1     
STATE RETIREMENT AMENDMENTS

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Daniel Hemmert

5     
House Sponsor: Joel Ferry

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions of the Utah State Retirement and Insurance Benefit Act.
10     Highlighted Provisions:
11          This bill:
12          ▸     provides that reemployment as a part-time appointed or elected board member is not
13     subject to postretirement reemployment restrictions under certain circumstances;
14          ▸     provides that a member is not required to cease service as a part-time appointed or
15     elected board member of a participating employer under certain circumstances to be
16     eligible to retire; and
17          ▸     imposes minimum age requirements on certain retirees.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          This bill provides a special effective date of July 1, 2020.
22     Utah Code Sections Affected:
23     AMENDS:
24          49-11-1202, as enacted by Laws of Utah 2016, Chapter 310 and last amended by
25     Coordination Clause, Laws of Utah 2016, Chapter 310
26          49-11-1203, as enacted by Laws of Utah 2016, Chapter 310
27          49-11-1205, as last amended by Laws of Utah 2018, Chapter 328
28          49-12-401, as last amended by Laws of Utah 2016, Chapter 310
29          49-13-401, as last amended by Laws of Utah 2016, Chapter 310

30          49-14-401, as last amended by Laws of Utah 2016, Chapter 310
31          49-15-401, as last amended by Laws of Utah 2016, Chapter 310
32          49-16-401, as last amended by Laws of Utah 2016, Chapter 310
33          49-22-304, as last amended by Laws of Utah 2016, Chapter 310
34          49-23-303, as last amended by Laws of Utah 2016, Chapter 310
35     

36     Be it enacted by the Legislature of the state of Utah:
37          Section 1. Section 49-11-1202 is amended to read:
38          49-11-1202. Definitions.
39          As used in this part:
40          (1) (a) "Affiliated emergency services worker" means a person who:
41          (i) is employed by a participating employer;
42          (ii) performs emergency services for another participating employer that is a different
43     agency;
44          (iii) is trained in techniques and skills required for the emergency service;
45          (iv) continues to receive regular training required for the service;
46          (v) is on the rolls as a trained affiliated emergency services worker of the participating
47     employer; and
48          (vi) provides ongoing service for a participating employer, which service may include
49     service as a volunteer firefighter, reserve law enforcement officer, search and rescue worker,
50     emergency medical technician, ambulance worker, park ranger, or public utilities worker.
51          (b) "Affiliated emergency services worker" does not include a person who performs
52     work or service but does not meet the requirements of Subsection (1)(a).
53          (2) "Amortization rate" means the amortization rate, as defined in Section 49-11-102,
54     to be applied to the system that would have covered the retiree if the retiree's reemployed
55     position were deemed to be an eligible, full-time position within that system.
56          (3) "Part-time appointed or elected board member" means an individual who:
57          (a) serves in a position:

58          (i) as a member of a board, commission, council, committee, panel, or other body of a
59     participating employer; and
60          (ii) that is designated in the participating employer's governing statute, charter, creation
61     document, or similar document;
62          (b) is appointed or elected to the position for a definite and fixed term of office by
63     official and duly recorded action of the participating employer;
64          (c) except for the service in the position, does not perform other work or service for
65     compensation for the participating employer, whether as an employee or under a contract; and
66          (d) retires from a participating employer that is different than the participating
67     employer with the position in which the person serves.
68          [(3)] (4) (a) "Reemployed," "reemploy," or "reemployment" means work or service
69     performed for a participating employer after retirement, in exchange for compensation.
70          (b) Reemployment includes work or service performed on a contract for a participating
71     employer if the retiree is:
72          (i) listed as the contractor; or
73          (ii) an owner, partner, or principal of the contractor.
74          [(4)] (5) "Retiree":
75          (a) means a person who:
76          (i) retired from a participating employer; and
77          (ii) begins reemployment on or after July 1, 2010, with a participating employer; and
78          (b) does not include a person:
79          (i) (A) who was reemployed by a participating employer before July 1, 2010; and
80          (B) whose participating employer that reemployed the person under Subsection
81     (4)(b)(i)(A) was dissolved, consolidated, merged, or structurally changed in accordance with
82     Section 49-11-621 on or after July 1, 2010; or
83          (ii) who is working under a phased retirement agreement in accordance with Title 49,
84     Chapter 11, Part 13, Phased Retirement.
85          Section 2. Section 49-11-1203 is amended to read:

86          49-11-1203. Applicability.
87          (1) (a) This part does not apply to employment as an elected official if the elected
88     official's position is not full time as certified by the participating employer.
89          (b) The provisions of this part apply to an elected official whose elected position is full
90     time as certified by the participating employer.
91          (2) (a) This part does not apply to employment as a part-time appointed board member
92     who does not receive any remuneration, stipend, or other benefit for the part-time appointed
93     board member's service.
94          (b) For purposes of this Subsection (2), remuneration, stipend, or other benefit does not
95     include receipt of per diem and travel expenses up to the amounts established by the Division
96     of Finance in:
97          (i) Section 63A-3-106;
98          (ii) Section 63A-3-107; and
99          (iii) rules made by the Division of Finance according to Sections 63A-3-106 and
100     63A-3-107.
101          (3) This part does not apply to a person who is reemployed as an active senior judge or
102     an active senior justice court judge as described by Utah State Court Rules, appointed to hear
103     cases by the Utah Supreme Court in accordance with Article VIII, Section 4, Utah Constitution.
104          (4) An exemption under this section from the provisions of this part is available only
105     for a member who, at the time of retirement, is at least:
106          (a) 50 years old, if the member is retiring from a public safety system or firefighter
107     retirement system; or
108          (b) 55 years old.
109          Section 3. Section 49-11-1205 is amended to read:
110          49-11-1205. Postretirement reemployment restriction exceptions.
111          (1) (a) The office may not cancel the retirement allowance of a retiree who is
112     reemployed with a participating employer within one year of the retiree's retirement date if:
113          (i) the retiree is not reemployed by a participating employer for a period of at least 60

114     days from the retiree's retirement date;
115          (ii) upon reemployment after the break in service under Subsection (1)(a)(i), the retiree
116     does not receive any employer paid benefits, including:
117          (A) retirement service credit or retirement-related contributions;
118          (B) medical benefits;
119          (C) dental benefits;
120          (D) other insurance benefits except for workers' compensation as provided under Title
121     34A, Chapter 2, Workers' Compensation Act, Title 34A, Chapter 3, Utah Occupational Disease
122     Act, and withholdings required by federal or state law for social security, Medicare, and
123     unemployment insurance; or
124          (E) paid time off, including sick, annual, or other type of leave; and
125          (iii) (A) the retiree does not earn in any calendar year of reemployment an amount in
126     excess of the lesser of $15,000 or one-half of the retiree's final average salary upon which the
127     retiree's retirement allowance is based; or
128          (B) the retiree is reemployed as a judge as defined under Section 78A-11-102.
129          (b) Beginning January 1, 2013, the board shall adjust the amounts under Subsection
130     (1)(a)(iii) by the annual change in the Consumer Price Index during the previous calendar year
131     as measured by a United States Bureau of Labor Statistics Consumer Price Index average as
132     determined by the board.
133          (2) A retiree shall be considered as having completed the one-year separation from
134     employment with a participating employer required under Section 49-11-1204, if the retiree:
135          (a) before retiring:
136          (i) was employed with a participating employer as a public safety service employee as
137     defined in Section 49-14-102, 49-15-102, or 49-23-102;
138          (ii) and during the employment under Subsection (2)(a)(i), suffered a physical injury
139     resulting from external force or violence while performing the duties of the employment, and
140     for which injury the retiree would have been approved for total disability in accordance with
141     the provisions under Chapter 21, Public Employees' Long-Term Disability Act, if years of

142     service are not considered;
143          (iii) had less than 30 years of service credit but had sufficient service credit to retire,
144     with an unreduced allowance making the public safety service employee ineligible for
145     long-term disability payments under Chapter 21, Public Employees' Long-Term Disability Act,
146     or a substantially similar long-term disability program; and
147          (iv) does not receive any long-term disability benefits from any participating employer;
148     and
149          (b) is reemployed by a different participating employer.
150          (3) (a) The office may not cancel the retirement allowance of a retiree who is employed
151     as an affiliated emergency services worker within one year of the retiree's retirement date if the
152     affiliated emergency services worker does not receive any compensation, except for:
153          (i) a nominal fee, stipend, discount, tax credit, voucher, or other fixed sum of money or
154     cash equivalent payment not tied to productivity and paid periodically for services;
155          (ii) a length-of-service award;
156          (iii) insurance policy premiums paid by the participating employer in the event of death
157     of an affiliated emergency services worker or a line-of-duty accidental death or disability; or
158          (iv) reimbursement of expenses incurred in the performance of duties.
159          (b) For purposes of Subsections (3)(a)(i) and (ii), the total amount of any discounts, tax
160     credits, vouchers, and payments to an affiliated emergency services worker may not exceed
161     $500 per month.
162          (c) Beginning January 1, 2016, the board shall adjust the amount under Subsection
163     (3)(b) by the annual change in the Consumer Price Index during the previous calendar year as
164     measured by a United States Bureau of Labor Statistics Consumer Price Index average as
165     determined by the board.
166          (4) (a) The office may not cancel the retirement allowance of a retiree employed as a
167     part-time appointed or elected board member within one year after the retiree's retirement date
168     if the part-time appointed or elected board member does not receive any compensation
169     exceeding the amount described in this Subsection (4).

170          (b) A retiree who is a part-time appointed or elected board member for one or more
171     boards, commissions, councils, committees, panels, or other bodies of participating employers:
172          (i) may receive an aggregate amount of compensation, remuneration, a stipend, or other
173     benefit for service on a single or multiple boards, commissions, councils, committees, panels,
174     or other bodies of no more than $5,000 per year; and
175          (ii) may not receive an employer paid retirement service credit or retirement-related
176     contribution.
177          (c) For purposes of Subsection (4)(b)(i):
178          (i) a part-time appointed or elected board member's compensation includes:
179          (A) an amount paid for the part-time appointed or elected board member's coverage in
180     a group insurance plan provided by the participating employer; and
181          (B) the part-time appointed or elected board member's receipt of any other benefit
182     provided by the participating employer; and
183          (ii) the part-time appointed or elected board member's compensation does not include:
184          (A) an amount the participating employer pays for employer-matching employment
185     taxes, if the participating employer treats the part-time appointed or elected board member as
186     an employee for federal tax purposes; or
187          (B) an amount that the part-time appointed or elected board member receives for per
188     diem and travel expenses for up to 12 approved meetings or activities of the government board
189     per year, if the per diem and travel expenses do not exceed the amounts established by the
190     Division of Finance under Sections 63A-3-106 and 63A-3-107 or by rules made by the
191     Division of Finance according to Sections 63A-3-106 and 63A-3-107.
192          (d) Beginning January 1, 2021, the board shall adjust the amount under Subsection
193     (4)(b)(i) by the annual change in the Consumer Price Index during the previous calendar year
194     as measured by a United States Bureau of Labor Statistics Consumer Price Index average, as
195     determined by the board.
196          [(4)] (5) (a) If a retiree is reemployed under the provisions of Subsection (1) or (4), the
197     termination date of the reemployment, as confirmed in writing by the participating employer, is

198     considered the retiree's retirement date for the purpose of calculating the separation
199     requirement under Section 49-11-1204.
200          (b) The office shall cancel the retirement allowance of a retiree for the remainder of the
201     calendar year if the reemployment with a participating employer exceeds the limitation under
202     Subsection (1)(a)(iii) [or], (3)(b), or (4)(b).
203          Section 4. Section 49-12-401 is amended to read:
204          49-12-401. Eligibility for an allowance -- Date of retirement -- Qualifications.
205          (1) A member is qualified to receive an allowance from this system when:
206          (a) except as provided under Subsection (3), the member ceases actual work for every
207     participating employer that employs the member before the member's retirement date and
208     provides evidence of the termination;
209          (b) the member has submitted to the office a retirement application form that states the
210     member's proposed retirement date; and
211          (c) one of the following conditions is met as of the member's retirement date:
212          (i) the member has accrued at least four years of service credit and has attained an age
213     of 65 years;
214          (ii) the member has accrued at least 10 years of service credit and has attained an age
215     of 62 years;
216          (iii) the member has accrued at least 20 years of service credit and has attained an age
217     of 60 years; or
218          (iv) the member has accrued at least 30 years of service credit.
219          (2) (a) The member's retirement date:
220          (i) shall be the 1st or the 16th day of the month, as selected by the member;
221          (ii) shall be on or after the date of termination; and
222          (iii) may not be more than 90 days before or after the date the application is received by
223     the office.
224          (b) Except as provided under Subsection (3), a member may not be employed by a
225     participating employer in the system established by this chapter on the retirement date selected

226     under Subsection (2)(a)(i).
227          (3) (a) A member who is employed by a participating employer and who is also an
228     elected official is not required to cease service as an elected official to be qualified to receive
229     an allowance under Subsection (1), unless the member is retiring from service as an elected
230     official.
231          (b) A member who is employed by a participating employer and who is also a part-time
232     appointed board member, as described in Subsection 49-11-1203(2), is not required to cease
233     service as a part-time appointed board member to be qualified to receive an allowance under
234     Subsection (1).
235          (c) A member who is employed by a participating employer, who is also an affiliated
236     emergency services worker as defined in Section 49-11-1202 for a different agency, is not
237     required to cease service as an affiliated emergency services worker to be qualified to receive
238     an allowance under Subsection (1).
239          (d) A member who is employed by a participating employer and who is also a part-time
240     appointed or elected board member, as defined in Section 49-11-1202, for a different agency is
241     not required to cease service as a part-time appointed or elected board member to be qualified
242     to receive an allowance under Subsection (1).
243          (4) An exemption from the requirement to cease service and remain qualified to
244     receive an allowance as provided in Subsection (3) is available only for a member who, at the
245     time of retirement, is at least:
246          (a) 50 years old, if the member is retiring from a public safety system or firefighter
247     system; or
248          (b) 55 years old.
249          Section 5. Section 49-13-401 is amended to read:
250          49-13-401. Eligibility for an allowance -- Date of retirement -- Qualifications.
251          (1) A member is qualified to receive an allowance from this system when:
252          (a) except as provided under Subsection (3), the member ceases actual work for every
253     participating employer that employs the member before the member's retirement date and

254     provides evidence of the termination;
255          (b) the member has submitted to the office a retirement application form that states the
256     member's proposed retirement date; and
257          (c) one of the following conditions is met as of the member's retirement date:
258          (i) the member has accrued at least four years of service credit and has attained an age
259     of 65 years;
260          (ii) the member has accrued at least 10 years of service credit and has attained an age
261     of 62 years;
262          (iii) the member has accrued at least 20 years of service credit and has attained an age
263     of 60 years;
264          (iv) the member has accrued at least 30 years of service credit; or
265          (v) the member has accrued at least 25 years of service credit, in which case the
266     member shall be subject to the reduction under Subsection 49-13-402(2)(b).
267          (2) (a) The member's retirement date:
268          (i) shall be the 1st or the 16th day of the month, as selected by the member;
269          (ii) shall be on or after the date of termination; and
270          (iii) may not be more than 90 days before or after the date the application is received by
271     the office.
272          (b) Except as provided under Subsection (3), a member may not be employed by a
273     participating employer in the system established by this chapter on the retirement date selected
274     under Subsection (2)(a)(i).
275          (3) (a) A member who is employed by a participating employer and who is also an
276     elected official is not required to cease service as an elected official to be qualified to receive
277     an allowance under Subsection (1), unless the member is retiring from service as an elected
278     official.
279          (b) A member who is employed by a participating employer and who is also a part-time
280     appointed board member, as described in Subsection 49-11-1203(2), is not required to cease
281     service as a part-time appointed board member to be qualified to receive an allowance under

282     Subsection (1).
283          (c) A member who is employed by a participating employer, who is also an affiliated
284     emergency services worker as defined in Section 49-11-1202 for a different agency, is not
285     required to cease service as an affiliated emergency services worker to be qualified to receive
286     an allowance under Subsection (1).
287          (d) A member who is employed by a participating employer and who is also a part-time
288     appointed or elected board member, as defined in Section 49-11-1202, for a different agency is
289     not required to cease service as a part-time appointed or elected board member to be qualified
290     to receive an allowance under Subsection (1).
291          (4) An exemption from the requirement to cease service and remain qualified to
292     receive an allowance as provided in Subsection (3) is available only for a member who, at the
293     time of retirement, is at least:
294          (a) 50 years old, if the member is retiring from a public safety system or firefighter
295     system; or
296          (b) 55 years old.
297          Section 6. Section 49-14-401 is amended to read:
298          49-14-401. Eligibility for service retirement -- Date of retirement --
299     Qualifications.
300          (1) A member is qualified to receive an allowance from this system when:
301          (a) except as provided under Subsection (3), the member ceases actual work for every
302     participating employer that employs the member before the member's retirement date and
303     provides evidence of the termination;
304          (b) the member has submitted to the office a retirement application form that states the
305     member's proposed retirement date; and
306          (c) one of the following conditions is met as of the member's retirement date:
307          (i) the member has accrued at least 20 years of service credit;
308          (ii) the member has accrued at least 10 years of service credit and has attained an age
309     of 60 years; or

310          (iii) the member has accrued at least four years of service credit and has attained an age
311     of 65 years.
312          (2) (a) The member's retirement date:
313          (i) shall be the 1st or the 16th day of the month, as selected by the member;
314          (ii) shall be on or after the date of termination; and
315          (iii) may not be more than 90 days before or after the date the application is received by
316     the office.
317          (b) Except as provided under Subsection (3), a member may not be employed by a
318     participating employer in the system established by this chapter on the retirement date selected
319     under Subsection (2)(a)(i).
320          (3) (a) A member who is employed by a participating employer and who is also an
321     elected official is not required to cease service as an elected official to be qualified to receive
322     an allowance under Subsection (1), unless the member is retiring from service as an elected
323     official.
324          (b) A member who is employed by a participating employer and who is also a part-time
325     appointed board member, as described in Subsection 49-11-1203(2), is not required to cease
326     service as a part-time appointed board member to be qualified to receive an allowance under
327     Subsection (1).
328          (c) A member who is employed by a participating employer, who is also an affiliated
329     emergency services worker as defined in Section 49-11-1202 for a different agency, is not
330     required to cease service as an affiliated emergency services worker to be qualified to receive
331     an allowance under Subsection (1).
332          (d) A member who is employed by a participating employer and who is also a part-time
333     appointed or elected board member, as defined in Section 49-11-1202, for a different agency is
334     not required to cease service as a part-time appointed or elected board member to be qualified
335     to receive an allowance under Subsection (1).
336          (4) An exemption from the requirement to cease service and remain qualified to
337     receive an allowance as provided in Subsection (3) is available only for a member who, at the

338     time of retirement, is at least:
339          (a) 50 years old, if the member is retiring from a public safety system or firefighter
340     system; or
341          (b) 55 years old.
342          Section 7. Section 49-15-401 is amended to read:
343          49-15-401. Eligibility for service retirement -- Date of retirement --
344     Qualifications.
345          (1) A member is qualified to receive an allowance from this system when:
346          (a) except as provided under Subsection (3), the member ceases actual work for every
347     participating employer that employs the member before the member's retirement date and
348     provides evidence of the termination;
349          (b) the member has submitted to the office a retirement application form that states the
350     member's proposed retirement date; and
351          (c) one of the following conditions is met as of the member's retirement date:
352          (i) the member has accrued at least 20 years of service credit;
353          (ii) the member has accrued at least 10 years of service credit and has attained an age
354     of 60 years; or
355          (iii) the member has accrued at least four years of service and has attained an age of 65
356     years.
357          (2) (a) The member's retirement date:
358          (i) shall be the 1st or the 16th day of the month, as selected by the member;
359          (ii) shall be on or after the date of termination; and
360          (iii) may not be more than 90 days before or after the date the application is received by
361     the office.
362          (b) Except as provided under Subsection (3), a member may not be employed by a
363     participating employer in the system established by this chapter on the retirement date selected
364     under Subsection (2)(a)(i).
365          (3) (a) A member who is employed by a participating employer and who is also an

366     elected official is not required to cease service as an elected official to be qualified to receive
367     an allowance under Subsection (1), unless the member is retiring from service as an elected
368     official.
369          (b) A member who is employed by a participating employer and who is also a part-time
370     appointed board member, as described in Subsection 49-11-1203(2), is not required to cease
371     service as a part-time appointed board member to be qualified to receive an allowance under
372     Subsection (1).
373          (c) A member who is employed by a participating employer, who is also an affiliated
374     emergency services worker as defined in Section 49-11-1202 for a different agency, is not
375     required to cease service as an affiliated emergency services worker to be qualified to receive
376     an allowance under Subsection (1).
377          (d) A member who is employed by a participating employer and who is also a part-time
378     appointed or elected board member, as defined in Section 49-11-1202, for a different agency is
379     not required to cease service as a part-time appointed or elected board member to be qualified
380     to receive an allowance under Subsection (1).
381          (4) An exemption from the requirement to cease service and remain qualified to
382     receive an allowance as provided in Subsection (3) is available only for a member who, at the
383     time of retirement, is at least:
384          (a) 50 years old, if the member is retiring from a public safety system or firefighter
385     system; or
386          (b) 55 years old.
387          Section 8. Section 49-16-401 is amended to read:
388          49-16-401. Eligibility for service retirement -- Date of retirement --
389     Qualifications.
390          (1) A member is qualified to receive an allowance from this system when:
391          (a) except as provided under Subsection (3), the member ceases actual work for every
392     participating employer that employs the member before the member's retirement date and
393     provides evidence of the termination;

394          (b) the member has submitted to the office a retirement application form that states the
395     member's proposed retirement date; and
396          (c) one of the following conditions is met as of the member's retirement date:
397          (i) the member has accrued at least 20 years of service credit;
398          (ii) the member has accrued at least 10 years of service credit and has attained an age
399     of 60 years; or
400          (iii) the member has accrued at least four years of service credit and has attained an age
401     of 65 years.
402          (2) (a) The member's retirement date:
403          (i) shall be the 1st or the 16th day of the month, as selected by the firefighter service
404     employee;
405          (ii) shall be on or after the date of termination; and
406          (iii) may not be more than 90 days before or after the date the application is received by
407     the office.
408          (b) Except as provided under Subsection (3), a member may not be employed by a
409     participating employer in the system established by this chapter on the retirement date selected
410     under Subsection (2)(a)(i).
411          (3) (a) A member who is employed by a participating employer and who is also an
412     elected official is not required to cease service as an elected official to be qualified to receive
413     an allowance under Subsection (1), unless the member is retiring from service as an elected
414     official.
415          (b) A member who is employed by a participating employer and who is also a part-time
416     appointed board member, as described in Subsection 49-11-1203(2), is not required to cease
417     service as a part-time appointed board member to be qualified to receive an allowance under
418     Subsection (1).
419          (c) A member who is employed by a participating employer, who is also an affiliated
420     emergency services worker as defined in Section 49-11-1202 for a different agency, is not
421     required to cease service as an affiliated emergency services worker to be qualified to receive

422     an allowance under Subsection (1).
423          (d) A member who is employed by a participating employer and who is also a part-time
424     appointed or elected board member, as defined in Section 49-11-1202, for a different agency is
425     not required to cease service as a part-time appointed or elected board member to be qualified
426     to receive an allowance under Subsection (1).
427          (4) An exemption from the requirement to cease service and remain qualified to
428     receive an allowance as provided in Subsection (3) is available only for a member who, at the
429     time of retirement, is at least:
430          (a) 50 years old, if the member is retiring from a public safety system or firefighter
431     system; or
432          (b) 55 years old.
433          Section 9. Section 49-22-304 is amended to read:
434          49-22-304. Defined benefit eligibility for an allowance -- Date of retirement --
435     Qualifications.
436          (1) A member is qualified to receive an allowance from this system when:
437          (a) except as provided under Subsection (3), the member ceases actual work for every
438     participating employer that employs the member before the member's retirement date and
439     provides evidence of the termination;
440          (b) the member has submitted to the office a retirement application form that states the
441     member's proposed retirement date; and
442          (c) one of the following conditions is met as of the member's retirement date:
443          (i) the member has accrued at least four years of service credit and has attained an age
444     of 65 years;
445          (ii) the member has accrued at least 10 years of service credit and has attained an age
446     of 62 years;
447          (iii) the member has accrued at least 20 years of service credit and has attained an age
448     of 60 years; or
449          (iv) the member has accrued at least 35 years of service credit.

450          (2) (a) The member's retirement date:
451          (i) shall be the 1st or the 16th day of the month, as selected by the member;
452          (ii) shall be on or after the date of termination; and
453          (iii) may not be more than 90 days before or after the date the application is received by
454     the office.
455          (b) Except as provided under Subsection (3), a member may not be employed by a
456     participating employer in the system established by this chapter on the retirement date selected
457     under Subsection (2)(a)(i).
458          (3) (a) A member who is employed by a participating employer and who is also an
459     elected official is not required to cease service as an elected official to be qualified to receive
460     an allowance under Subsection (1), unless the member is retiring from service as an elected
461     official.
462          (b) A member who is employed by a participating employer and who is also a part-time
463     appointed board member, as described in Subsection 49-11-1203(2), is not required to cease
464     service as a part-time appointed board member to be qualified to receive an allowance under
465     Subsection (1).
466          (c) A member who is employed by a participating employer, who is also an affiliated
467     emergency services worker as defined in Section 49-11-1202 for a different agency, is not
468     required to cease service as an affiliated emergency services worker to be qualified to receive
469     an allowance under Subsection (1).
470          (d) A member who is employed by a participating employer and who is also a part-time
471     appointed or elected board member, as defined in Section 49-11-1202, for a different agency is
472     not required to cease service as a part-time appointed or elected board member to be qualified
473     to receive an allowance under Subsection (1).
474          (4) An exemption from the requirement to cease service and remain qualified to
475     receive an allowance as provided in Subsection (3) is available only for a member who, at the
476     time of retirement, is at least:
477          (a) 50 years old, if the member is retiring from a public safety system or firefighter

478     system; or
479          (b) 55 years old.
480          Section 10. Section 49-23-303 is amended to read:
481          49-23-303. Defined benefit eligibility for an allowance -- Date of retirement --
482     Qualifications.
483          (1) A member is qualified to receive an allowance from this system when:
484          (a) except as provided under Subsection (3), the member ceases actual work for every
485     participating employer that employs the member before the member's retirement date and
486     provides evidence of the termination;
487          (b) the member has submitted to the office a retirement application form that states the
488     member's proposed retirement date; and
489          (c) one of the following conditions is met as of the member's retirement date:
490          (i) the member has accrued at least four years of service credit and has attained an age
491     of 65 years;
492          (ii) the member has accrued at least 10 years of service credit and has attained an age
493     of 62 years;
494          (iii) the member has accrued at least 20 years of service credit and has attained an age
495     of 60 years; or
496          (iv) the member has accrued at least 25 years of service credit.
497          (2) (a) The member's retirement date:
498          (i) shall be the 1st or the 16th day of the month, as selected by the member;
499          (ii) shall be on or after the date of termination; and
500          (iii) may not be more than 90 days before or after the date the application is received by
501     the office.
502          (b) Except as provided under Subsection (3), a member may not be employed by a
503     participating employer in the system established by this chapter on the retirement date selected
504     under Subsection (2)(a)(i).
505          (3) (a) A member who is employed by a participating employer and who is also an

506     elected official is not required to cease service as an elected official to be qualified to receive
507     an allowance under Subsection (1), unless the member is retiring from service as an elected
508     official.
509          (b) A member who is employed by a participating employer and who is also a part-time
510     appointed board member, as described in Subsection 49-11-1203(2), is not required to cease
511     service as a part-time appointed board member to be qualified to receive an allowance under
512     Subsection (1).
513          (c) A member who is employed by a participating employer, who is also an affiliated
514     emergency services worker as defined in Section 49-11-1202 for a different agency, is not
515     required to cease service as an affiliated emergency services worker to be qualified to receive
516     an allowance under Subsection (1).
517          (d) A member who is employed by a participating employer and who is also a part-time
518     appointed or elected board member, as defined in Section 49-11-1202, for a different agency is
519     not required to cease service as a part-time appointed or elected board member to be qualified
520     to receive an allowance under Subsection (1).
521          (4) An exemption from the requirement to cease service and remain qualified to
522     receive an allowance as provided in Subsection (3) is available only for a member who, at the
523     time of retirement, is at least:
524          (a) 50 years old, if the member is retiring from a public safety system or firefighter
525     system; or
526          (b) 55 years old.
527          Section 11. Effective date.
528          This bill takes effect on July 1, 2020.