2023 Utah Code › Title 49 - Utah State Retirement and Insurance Benefit Act › Chapter 16 - Firefighters' Retirement Act › Part 2 - Membership Eligibility › Section 201 - System membership -- Eligibility.

Effective 7/1/2023
49-16-201.
System membership -- Eligibility.
(1) A firefighter service employee who performs firefighter service for an employer participating in this system is eligible for service credit in this system upon the earliest of:
(a) July 1, 1971, if the firefighter service employee was employed by the participating employer on July 1, 1971, and the participating employer was participating in this system on that date;
(b) the date the participating employer begins participating in this system if the firefighter service employee was employed by the participating employer on that date; or
(c) the date the firefighter service employee is hired to perform firefighter services for a participating employer, if the firefighter:
(i) initially enters employment before July 1, 2011; or
(ii) has service credit accrued before July 1, 2011, in a Tier I system or plan administered by the board.
(2)
(a)
(i) A participating employer that has public safety service and firefighter service employees that require cross-training and duty shall enroll the dual purpose employees in the system in which the greatest amount of time is actually worked.
(ii) The employees shall either be full-time public safety service or full-time firefighter service employees of the participating employer.
(b)
(i) Before transferring a dual purpose employee from one system to another, the participating employer shall receive written permission from the office.
(ii) The office may request documentation to verify the appropriateness of the transfer.
(3)
(a) A person hired by a regularly constituted fire department on or after July 1, 1971, who does not perform firefighter service is not eligible for service credit in this system.
(b) The nonfirefighter service employee shall become a member of the system for which the nonfirefighter service employee qualifies for service credit.
(c) The service credit exclusion under this Subsection (3) may not be interpreted to prohibit the assignment of a firefighter with a disability or partial disability to a nonfirefighter service position.
(d) If Subsection (3)(c) applies, the firefighter service employee remains eligible for service credit in this system.
(4) An allowance or other benefit may not be granted under this system that is based upon the same service for benefits received under some other system.
(5) Service as a volunteer firefighter is not eligible for service credit in this system.
(6) An employer is eligible to participate in this system if the employer:
(a) maintains a regularly constituted fire department;
(b) is the Department of Public Safety created in Section 53-1-103 that employs the state fire marshal appointed under Section 53-7-103; or
(c) employs emergency medical service personnel and meets the requirements of Subsections (7) and (8).
(7)
(a) Subject to Subsection (9), 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 chooses to cover the participating employer's emergency medical service personnel under this system.
(b)
(i) A participating employer's election under Subsection (7)(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 (7)(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 (7)(b)(ii) is not eligible for service credit in this system.
(8)
(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) 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.
(9) Beginning July 1, 2011, a person who is initially entering employment with a participating employer and who does not have service credit accrued before July 1, 2011, in a Tier I system or plan administered by the board may not participate in this system.
Amended by Chapter 59, 2023 General Session