2023 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 7/1/2023
49-23-201.
System membership -- Eligibility.
(1) Except as provided in Subsections (3) and (4), 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 the participating employer's dispatchers under this system.
(b) A participating employer's election to cover the participating employer's 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.
(4) An employer is eligible to participate in this system if the employer employs emergency medical service personnel and meets the requirements of Subsections (5) and (6).
(5)
(a) Beginning July 1, 2023, a firefighter service employee who is an emergency medical service personnel employed by a participating employer shall be eligible for service credit in this system if the emergency medical service personnel's participating employer elects to cover the participating employer's emergency service personnel under this system.
(b)
(i) A participating employer's election under Subsection (5)(a) to cover the participating employer's emergency medical service personnel under this system is irrevocable.
(ii) A participating employer shall document an election under Subsection (5)(a) by a resolution adopted by the governing body of the participating employer in accordance with rules made by the office.
(c)
(i) An emergency medical service personnel's service before July 1, 2023, is not eligible for service credit in this system.
(ii) For an emergency medical service personnel employed by a participating employer, the emergency medical service personnel's service before the date the participating employer adopts a resolution described in Subsection (5)(b)(ii) is not eligible for service credit in this system.
(6)
(a) The fire chief, or if there is not a fire chief for the participating employer, the emergency services director, shall verify that an individual meets the definition of emergency medical service personnel.
(b)
(i) Each participating employer participating in this system that employs emergency medical service personnel shall submit annually to the office a schedule indicating which emergency medical service personnel positions are covered under this system under this chapter.
(ii) The office may require documentation to justify the inclusion of any position under this section.
(7) A public safety service employee who is transferred or promoted to an administration position requiring the performance of duties that consist primarily of management or supervision of public safety service employees shall continue to earn public safety service credit in this system during the period in which the employee remains employed in the same department.
(8) An employee of the Department of Corrections shall continue to earn public safety service credit in this system if:
(a) the employee's position is no longer covered under this system for new employees hired on or after July 1, 2015; and
(b) the employee:
(i) remains employed by the Department of Corrections;
(ii) meets the eligibility requirements of this system;
(iii) was hired into a position covered by this system before July 1, 2015; and
(iv) has not had a break in service on or after July 1, 2015.
(9) An employee of the Department of Health and Human Services who is transferred from the Department of Corrections' clinical services bureau to provide a clinical or health care service to an inmate as defined in Section 64-13-1 shall continue to earn public safety service credit in this system if:
(a) the employee's position is no longer covered under this system for new employees hired on or after July 1, 2015; and
(b) the employee:
(i) remains employed by the Department of Corrections or the Department of Health and Human Services;
(ii) meets the eligibility requirements of this system;
(iii) was hired into a position covered by this system before July 1, 2015; and
(iv) has not had a break in service on or after July 1, 2015.
Amended by Chapter 59, 2023 General Session
Amended by Chapter 290, 2023 General Session