UT Code § 49-23-201 (2021)
2021 Utah Code|Title 49 - Utah State Retirement and Insurance Benefit Act|Chapter 23 - New Public Safety and Firefighter Tier II Contributory Retirement Act|Part 2 - Membership Eligibility|Section 201 - System membership -- Eligibility.

 Effective 7/1/2015  49-23-201. System membership -- Eligibility.    (1) Beginning July 1, 2011, a participating employer that employs public safety service employees or firefighter service employees shall participate in this system.     (2)   (a) A public safety service employee or a firefighter service employee initially entering employment with a participating employer on or after July 1, 2011, who does not have service credit accrued before July 1, 2011, in a Tier I system or plan administered by the board, is eligible:   (i) as a member for service credit and defined contributions under the Tier II hybrid retirement system established by Part 3, Tier II Hybrid Retirement System; or     (ii) as a participant for defined contributions under the Tier II defined contributions plan established by Part 4, Tier II Defined Contribution Plan.       (b) A public safety service employee or a firefighter service employee initially entering employment with a participating employer on or after July 1, 2011, shall:   (i) make an election to participate in the system created under this chapter:   (A) as a member for service credit and defined contributions under the Tier II hybrid retirement system established by Part 3, Tier II Hybrid Retirement System; or     (B) as a participant for defined contributions under the Tier II defined contribution plan established by Part 4, Tier II Defined Contribution Plan; and       (ii) electronically submit to the office notification of the member's election under Subsection (2)(b)(i) in a manner approved by the office.       (c) An election made by a public safety service employee or firefighter service employee initially entering employment with a participating employer under this Subsection (2) is irrevocable beginning one year from the date of eligibility for accrual of benefits.     (d) If no election is made under Subsection (2)(b)(i), the public safety service employee or firefighter service employee shall become a member eligible for service credit and defined contributions under the Tier II hybrid retirement system established by Part 3, Tier II Hybrid Retirement System.       (3)   (a) Beginning July 1, 2015, a public safety service employee who is a dispatcher employed by:   (i) the state shall be eligible for service credit in this system; and     (ii) a participating employer other than the state shall be eligible for service credit in this system if the dispatcher's participating employer elects to cover its dispatchers under this system.       (b) A participating employer's election to cover its dispatchers under this system under Subsection (3)(a)(ii) is irrevocable and shall be documented by a resolution adopted by the governing body of the participating employer in accordance with rules made by the office.     (c) A dispatcher's service before July 1, 2015, or before a date specified by resolution of a participating employer under Subsection (3)(b), is not eligible for service credit in this system.      Amended by Chapter 315, 2015 General SessionAmended by Chapter 463, 2015 General Session