1     
CONCURRENT RESOLUTION AUTHORIZING STATE PICK

2     
UP OF PUBLIC SAFETY AND FIREFIGHTER EMPLOYEE

3     
RETIREMENT CONTRIBUTIONS

4     
2022 GENERAL SESSION

5     
STATE OF UTAH

6     
Chief Sponsor: Wayne A. Harper

7     
House Sponsor: Ryan D. Wilcox

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9     LONG TITLE
10     General Description:
11          This concurrent resolution increases the employer pick up of certain employee
12     contributions required for state employees who are eligible for and participate as
13     members in the New Public Safety and Firefighter Tier II Contributory Retirement
14     System.
15     Highlighted Provisions:
16          This resolution:
17          ▸     declares that the state will prospectively pick up and pay required employee
18     contributions up to a maximum of 2.59% of each employee's compensation for all
19     state employees who are members of the New Public Safety and Firefighter Tier II
20     Contributory Retirement System;
21          ▸     includes provisions relating to the employer pick up; and
22          ▸     provides that an equal nonelective contribution will be made to public safety and
23     firefighters who are members of the Tier II Defined Contribution Plan.
24     Special Clauses:
25          None
26     

27     Be it resolved by the Legislature of the state of Utah, the Governor concurring therein:
28          WHEREAS, agencies of the state employ employees who are eligible for and
29     participate as members in the New Public Safety and Firefighter Tier II Contributory

30     Retirement System administered by the Utah Retirement Systems;
31          WHEREAS, in accordance with federal and state law, including Section 414(h)(2) of
32     the Internal Revenue Code, employers may take formal action to pick up required employee
33     contributions, which will be paid by the employer in lieu of employee contributions;
34          WHEREAS, the state, in the 2020 General Session through H.C.R. 9, Concurrent
35     Resolution Authorizing Pick Up of Public Safety and Firefighter Employee Retirement
36     Contributions, took action to formally pick up a maximum of 2% of an employee's
37     compensation, which represents a portion of the employee contributions required to be paid
38     under Subsection 49-23-301(2), for all state employees participating in the New Public Safety
39     and Firefighters Tier II Contributory Retirement System;
40          WHEREAS, the state now desires to pick up an additional amount of the employee
41     contribution required to be paid under Subsection 49-23-301(2) for all state employees
42     participating in the New Public Safety and Firefighter Tier II Contributory Retirement System;
43          WHEREAS, the state is required under Subsection 49-23-401(1)(b) to make an equal
44     nonelective contribution to a public safety or firefighter employee who is a member of the Tier
45     II Defined Contribution Plan;
46          WHEREAS, the Legislature and the Governor are duly authorized to take this formal
47     action on behalf of the state as a participating employer with the Utah Retirement Systems:
48          NOW, THEREFORE, BE IT RESOLVED that the Legislature of the state of Utah, the
49     Governor concurring therein, declares that beginning July 1, 2022, the state, on behalf of the
50     state's agencies, shall prospectively pick up and pay required employee contributions for all
51     state employees who are members of the New Public Safety and Firefighter Tier II
52     Contributory Retirement System, subject to a maximum of 2.59% of compensation for each
53     employee.
54          BE IT FURTHER RESOLVED that the picked up contributions paid by the employer,
55     even though designated as employee contributions for state law purposes, are being paid by the
56     state on behalf of the state's agencies in lieu of the required employee contributions.
57          BE IT FURTHER RESOLVED that the picked up contributions will not be included in

58     the gross income of the employees for tax reporting purposes, that is, for federal or state
59     income tax withholding, until distributed from the Utah Retirement Systems, so that the
60     contributions are treated as employer contributions pursuant to Section 414(h)(2) of the Internal
61     Revenue Code.
62          BE IT FURTHER RESOLVED that the picked up contributions are a supplement and
63     not a salary reduction to the state employees who are eligible for and participating members in
64     the New Public Safety and Firefighter Tier II Contributory Retirement System.
65          BE IT FURTHER RESOLVED that, from and after the date of this pick up, a state
66     employee may not have a cash or deferred election right with respect to the designated
67     employee contributions, including that an employee may not be permitted to opt out of the pick
68     up and may not be entitled to any option of choosing to receive the contributed amounts
69     directly instead of having them paid by the state on behalf of the state's employees to the Utah
70     Retirement Systems.
71          BE IT FURTHER RESOLVED that the state will make an equal nonelective
72     contribution to the public safety and firefighter employees who are members of the Tier II
73     Defined Contribution Plan.